
Rnnk t,S 



THE SCHOOL LAW 

OF 

WEST VIRGINIA 

^37 



Being a complete revision of Chapter Forty- 
five of the Code as amended and re-enacted at 
the Sessions of the Legislature of 1908, 1909 
and 1911, together with the provisions of the 
Constitution relating to education, blank 
forms, instructions, Etc. 



Published for the Use of School Officers, Teachers, and the Public Generally, 
in Compliance with Section 126 of this Chapter. 



COMPILED AND ISSUED BY 

M. P. SHAWKEY, 

STATE SUPERINTENDENT OF FREE SCHOOLS, 

CHARLESTON 




1911 



f 






< U N ION I &f ) LABE L> 



SCHOOL CALENDAR 

JULY. 
1. School year begins. 

(On or before) Sheriff settles with Board of Education. 
(Before) Sheriff reports delinquent property. 
1st Monday. — Board of Education meets to determine number of 
teachers to be employed in their district and to fix salaries, etc. 
4. Independence day. Legal Holiday. 

3rd Monday. — (or as soon thereafter as practicable) Trustees 
meet to employ teachers. 

AUGUST. 

1. (On or before) County Superintendent makes report to State 
Superintendent. 

2nd Tuesday. — Board of Education meets to ascertain the condi- 
tion of the fiscal affairs of the district and to make up an item- 
ized statement thereof. 

2nd Tuesday. — (On or before) Assessor certifies value of property 
to Secretary of Board and County Superintendent. 

4th Tuesday. — Board meets to consider objections to estimate and 
proposed levy and to lay levy. 

4th Tuesday. — (Within Three Days after) Secretary reports rate 
of levy. 

SEPTEMBER. 
1. (Before) Auditor reports condition of School Fund to the 
Governor and the State Superintendent. 
1st Monday — Labor Day, Legal holiday. 

15. First installment of General School Fund and High School 
Fund paid to Sheriff. 

OCTOBER. 

12. Columbus Day — Legal holiday, but schools must assemble and 
hold appropriate exercises. 

NOVEMBER. 

Last Thursday. — Thanksgiving Day — Legal Holiday. 



4 . School Law of West Virginia. 

DECEMBER. 

15. Second installment of General School Fund and High School 

Fund paid to Sheriff. 
25. Christmas — Legal Holiday. 

JANUARY. 
1. New Year's Day — Legal Holiday. 

(On or before) State Superintendent makes report to Gov- 
ernor. 

FEBRUARY. 

12. Lincoln's Birthday — Legal Holiday, but schools must assem- 
ble and hold appropriate exercises. 
22. Washington's Birthday — Legal Holiday. . 

APRIL. 

1. (On or before) Teachers take enumeration. 
15. (On or before) Secretary transmits summary of enumeration 
to County Superintendent. 

MAY. 

1. (On or before) County Superintendent forwards to State Su- 
perintendent report of enumeration. 
30. Memorial Day — Legal Holiday. 

JUNE. 

1. (On or before) State Superintendent appoints member of 

State Board of Education. 
10. (On or before) Auditor notifies State Superintendent of 

amount of General or Distributable School Fund. 
30. School year ends. 



CONSTITUTIONAL PROVISIONS 

RELATING TO THE 

SCHOOL SYSTEM OF WEST VIRGINIA 



ARTICLE IV. 

«•****#* 

Oath of Office. 

5. Every person elected or appointed to any office, before pro- 
ceeding to exercise the authority, or discharge the duties thereof, 
shall make oath or affirmation that he will support the Constitution 
of the United States and the Constitution of this State, and that 
he will faithfully discharge the duties of his said office to the best 
of his skill and judgment; and no other oath, declaration, or test 
shall be required as a qualification, unless herein otherwise pro- 
vided. 

Removal from Office. 

6. All officers elected or appointed under this Constitution, may, 
unless in cases herein otherwise provided for, be removed from 
office for official misconduct, incompetence, neglect of duty, or 
gross immorality, in such manner as may be prescribed by general 
laws, and unless so removed, they shall continue to discharge the 
duties of their respective offices, until their successors are elected, 

or appointed and qualified. 

******** 

Legislature to Prescribe Terms of Office. 

8. The Legislature, in cases not provided for in this Constitu- 
tion, shall prescribe by general laws, the terms of office, powers, 
duties and compensation of all public officers and agents, and the 
manner in which they shall be elected, appointed and removed. 

ARTICLE VIII. 

Districts. 
27. Each county shall be laid off into districts, not less than 



6 School Law of West Virginia. 

three nor more than ten in number, and as nearly equal as may 
be in territory and population. * * * 

ARTICLE IX. 

County Officers Subject to Indictment. 

4. The Presidents of the County- Courts, the Justices of the 
Peace, Sheriffs, Prosecuting Attorneys, Clerks of the Circuit and 
of the County Courts, and all other county officers, shall be sub- 
ject to indictment for malfeasance, misfeasance, or neglect of of- 
ficial duty, and on conviction thereof, their offices shall become 
vacant. 

I am inclined to the opinion that the wordB "all other county officers," as used in 
this section, include members of boards of education, although they are elected in dis- 
tricts. This is by no means clear, however. This section is in force ex proprio vigore and 
needs no additional legislation. — Alfred CaldweV, Attorney-General. 

ARTICLE X. 

# * • * * • •• 

Capitation Tax. 

2. The Legislature shall levy an annual capitation tax of one 
dollar upon each male inhabitant of the State who has attained the 
age of twenty-one years, which shall be annually appropriated to 
the support of Free Schools. Persons afflicted with bodily infirmi- 
ty may be exempted from this tax. 

***#*#•• 

Power of Legislature to Levy. 

5. The powrr of taxation of the Legislature shall extend to pro- 
visions for the payment of the State debt, and interest thereon, 
the support of free schools, and the payment of the annual esti- 
mated expenses of the State; but whenever any deficiency in the 
revenue shall exist in any year, it shall, at the regular session 
thereof held next after the deficiency occurs, levy a tax for the 
ensuing year, sufficient with the other sources of income, to meet 

such deficiency, as well as the estimated expenses of such year. 

******** 

County Taxes Not to Exceed What— Debt. 
7. County authorities shall never assess taxes, in any one year, 



School Law op West Virginia. 7 

the aggregate of which shall exceed ninety-five cents per hundred 
dollars valuation, except for the support of free schools; payment 
of indebtedness existing at the time of the adoption of this Con- 
stitution ; and for the payment of any indebtedness with the interest 
thereon, created under the succeeding section, unless such assess- 
ment, with all questions involving the increase of such aggregate, 
shall have been submitted to the vote of the people of the county, 
and have received three-fifths of all the votes cast for ana against it. 

See Brannon ts. County Court, 33 W. Va., p. 789, construing thia section. 

Bonded Indebtedness. 

8. No county, city, school district, or municipal corporation, 
except in cases where such corporations have already authorized 
their bonds to be issued, shall hereafter be allowed to become 
indebted, in any manner, or for any purpose, to an amount, in- 
cluding existing indebtedness in the aggregate, exceeding five per 
centum on the value of the taxable property therein to be ascer- 
tained by the last assessment for State and county taxes, previous 
to the incurring of such indebtedness; nor without, at the same 
time providing for the collection of a direct annual tax, sufficient 
to pay, annually, the interest on such debt, and the principal there- 
of, within and not exceeding thirty-four years; Provided, That 
no debt shall be contracted under this section, unless all questions 
connected with the same, shall have been first submitted to a vote 
of the people, and received three-fifths of all the votes cast for 
and against the same. 

ARTICLE XII. 

Legislature to Provide System of Free Schools. 

1. The Legislature shall provide by general law, for a thorough 
and efficient system of Free Schools. 

See 4 W. Va., p. 499. 

General Supervision. 

2. The State Superintendent of Free Schools shall have a 
general supervision of free schools, and perform such other duties 
in relation thereto as may be prescribed by law. If in the per- 



8 School Law op West Virginia. 

formance of any such duty imposed upon him by the Legislature, 
he shall incur any expenses, he shall be reimbursed therefor: Pro- 
vided, The amount does not exceed five hundred dollars in any 
one year. 

County Superintendents. 

3. The Legislature may provide for county superintendents, 
and such other officers as may be necessary to carry out the objects 
of this Article, and define their duties, powers and compensation. 

School Fund — Board of. 

4. The existing permanent and invested school fund, and all 
money accruing to this State from forfeited, delinquent, waste and 
unappropriated lands; and from lands heretofore sold for taxes 
and purchased by the State of Virginia, if hereafter redeemed cr 
sold to others than this state; all grants, devises or bequests that 
may be made to this State for the purposes of education or where 
the purposes of such grants, devises, or bequests are not specified; 
this State's just share of the literary fund of Virginia, wnether 
paid over or otherwise liquidated ; and any sums of money, stocks, 
or property, which this State shall have the right to claim from 
the State of Virginia for educational purposes; the proceeds of 
the estates of persons who may die without leaving a will or heir, 
and of all escheated lands; the proceeds of any taxes that may be 
levied on the revenues of any corporation ; all moneys that may to* 
paid as an equivalent for exemption from military duty ; and such 
sum as may, from time to time, be appropriated by the Legislature 
for the purpose, shall be set apart as a separate fund to be called 
the "School Fund," and invested under such regulation as may 
be prescribed by law, in the interest bearing securities of the 
United States, or of this State, or if such interest bearing securities 
cannot be obtained, then said "School Fund" shall be invested in 
such other solvent interest bearing securities as shall be approved 
by the Governor, ' Superintendent of Free Schools, Auditor and 
Treasurer, who are hereby constituted the "Board of the School 
Fund," to manage the same under such regulations as may be 
prescribed by law; and the interest thereof shall be annually ap- 
plied to the support of free schools throughout the State, and to 
no other purpose whatever. But any portion of said interest re- 
maining unexpended at the close of the fiscal year shall be added 



School Law of West Virginia. 9 

to, and remain a part of, the capital of the "School Fund;" 
Provided, That all taxes which shall be received by the State upon 
delinquent lands, except the taxes due to the State thereon, shall 
be refunded to the county, or district by or for which the same 
were levied. 

School Fund Amendment. 

Ratified at the General Election in November, 1902. (See Joint Resolution No. 11, 
Acts 1901, p. 465.) 

The accumulation of the School Fund provided for in section 
four of article twelve, of the Constitution of this State, shall cease 
upon the adoption of this amendment, and all money to the credit 
of said fund over one million of dollars, together with the interest 
on said fund, shall be used for the support of the free schools ^f 
this State. All money and taxes heretofore payable into the 
treasury under the provision of the said section four, to the credit 1 
of the School Fund, shall be hereafter paid into the treasury to 
the credit of the General School Fund for the support of the free 
schools of the State. 

Legislature to Provide for Free Schools. 

5. The Legislature shall provide for the support of free schools, 
by appropriating thereto the interest of the invested "Scho>r 
Fund." the net proceeds of all forfeitures and fines accruing to this 
State under the laws thereof; the State capitation tax; and by 
general taxation of persons and property, or otherwise. It shall 
also provide for raising, in each county or district, by the authority 
of the people thereof, such a proportion of the amount required 
for the support, of free schools therein as shall be prescribed by 
general laws. 

Districts. 

6. The school districts into which any county is now divided 
shall continue until changed in pursuance of law. 

Levies to be Reported to Clerk of County Court. 

7. All levies that may be laid by any county or district for the 
purpose oi free schools shall be reported to the Clerk of the County 
Court, and shall, under such regulations as may be prescribe,! 



10 School Law of West Virginia. 

by law, be collected by the Sheriff, or other collector, who shall 
make annual settlement with the County Court; which settle- 
ments shall be made a matter of record by the Clerk tnereor, in a 
book to be kept for that purpose. 

White and Colored Pupils. 

8. White and colored persons shall not be taught in the same 
school. 

School Officers not to be Interested in Sale of Books. 

9. No person connected with the free school system of the 
State, or with any educational institution of any name or grade, 
under State control, shall be interested in the sale, proceeds or 
profits of any book or other thing used, or to be used therein, under 
such penalties as may be prescribed by law; Provided, That noth- 
ing herein shall be construed to apply to any work written ^r 
thing invented by such person. 

Independent Districts. 

10. No independent free school district, or organization shall 
hereafter be created, except with the consent of the school district 
or districts out of which the same is to be created, expressed by a 
majority of the voters voting on the question. 

Normal Schools. 

11. No appropriation shall hereafter be made to any State 
Normal School, or branch thereof, except to those already estab- 
lished, and in operation, or now chartered. 

Legislature to Encourage Improvements. 

12. The Legislature shall foster and encourage moral, intellect- 
ual, scientific and agricultural improvement; it shall, whenever it 
may be practicable, make suitable provision for the blind, mute 
and insane, and for the organization of such institutions of learn- 
ing as the best interests of general education in the State may 
demand. 



THE SCHOOL LAW 



CHAPTER XLV. OF THE CODE 



School Year. 



Sec. 1. The school year shall begin on the first day of July and 
end on the thirtieth day of June, and all reports, accounts and 
settlements respecting the free schools shall be made with refer- 
ence to the school year. 

School Districts. 

Sec. 2. Every magisterial district in each of the counties of the 
State shall be a school district, which shall be divided into such 
number of sub-districts as may be necessary for the convenience 
of the free schools therein. The present districts and sub-districts 
shall remain until changed in the manner prescribed by law. 

BOARD OF EDUCATION. 

How Constituted — Election — Term. 

Sec. 3. In each district there shall be a board of education con- 
sisting of a president and two school commissioners elected by the 
voters thereof. One commissioner shall be elected at the general 
election held on the Tuesday after the first Monday in November, 
nineteen hundred and eight, and one commissioner every two years 
thereafter; and the president at the general election held in nine- 
teen hundred and ten, and every four years thereafter. Their 
term of office shall commence on the first day of July next after 
their election, and they shall each continue in office for four years, 
and until their successors are elected or appointed and qualified 
according to law. 

Tie in Vote. 

Sec. 4. In case of a tie in the vote for members of the board of 
education, the county superintendent of free schools shall give the 
casting vote. 



12 School Law op West Virginia. 

Vacancy. 

Sec. 5. Any member of any board of education who shall be 
employed to teach in his district shall vacate his office. 

Vacancies in the board of education shall be filled by the county 
superintendent of free schools, until the next general election. 

Oath of Members. 

Sec. 6. Every president and commissioner of the board of edu- 
cation elected within this State shall within ten days after his 
election has been duly declared, qualify as such by taking and 
subscribing before some one duly authorized to administer oaths 
within his county, the oath of office prescribed by section five of 
article four of the constitution, which oath shall be filed with the 
secretary of the board of education of his district. 

A Corporation. 

Sec. 7. The board of education of each district, and independ- 
ent school district shall he a corporation by the name of "The 

board of education of the district or independent district of 

in the county of ," and as such may sue and be sued, 

plead and be impleaded, contract and be contracted with; and 
shall succeed and be substituted to all the rights of the former 
district boards of education; and may prosecute and maintain any 
and all suits and proceedings now pending or which might have 
been brought and prosecuted in the name of any such former 
board of education for the recovery of any money or property or 
damage to any property due to or vested in such former board, 
and shall also be liable in its corporate capacity for all claims 
legally existing against the board of education of which it is suc- 
cessor. 

Service of Process. 

Sec. 8. Process and notice may be served on said corporation 
by delivering a copy thereof to the secretary or any member of 
the board. Said board shall receive, hold and dispose of according 
to the rules of law, and the intent of the instrument conferring 
title, any gift, grant, devise or bequest made for the use of any 
free school or schools under their jurisdiction, and, without any 



School Law of West Virginia. 13 

transfer or conveyance, shall be deemed the owner of the real 
estate and personal property of their district, and the title of all 
such lands as have been in the actual possession of any board of 
education for the last five years, and are still in such possession 
and not otherwise claimed, is hereby vested in the board of edu- 
cation of the district in which such lands are situated, to be held 
and used for free school purposes, and none other. The board of 
education shall hereafter, whenever possible, obtain a general war- 
ranty deed for all school sites. 

Property Exempt from Execution. 

Sec. 9. All school houses, school house sites and other property 
belonging to any board of education and used for school purposes 
shall be exempt from execution or other process, and free from 
lien or distress for taxes or county levies. 

Property to be Inspected — May be Sold. 

Sec. 10. The president of the board of education of every dis- 
trict and independent district shall at least once a year, examine 
all the school houses now constructed or in process of construction 
and all school sites in the district and report the condition of the 
same to the board of education; and such as are in the judgment 
of the board, properly located and are suitable or can with reason- 
able expense be rendered so, shall be retained, and the remainder 
with the consent of the county superintendent, as to districts, shall 
be sold at public auction to the highest responsible bidder, by the 
board of education on proper legal notice and on such terms of 
sale as the board may order, and the proceeds shall be added to 
the building fund. 

Have General Control of Schools — May Change Sub-district Lines. 

Sec. 11. The board of education shall have general control and 
supervision of the schools and school interests of their districts, 
except as herein otherwise provided ; and they shall determine the 
number and location of the schools to be taught; establish graded 
schools, when necessary, and, as hereinafter provided, establish 
high schools, if necessary, change the boundaries of their sub- 
districts, and increase and diminish the number thereof, having 



14 School Law of West Virginia. 

due regard to the school houses already built, or sites procured, 
assigning, if practicable to each sub-district, not less than forty 
youth between the age of six and twenty-one years; and shall de- 
fine and enter of record in their minute book the boundaries of 
the several districts and sub-districts. 

But every village consisting of fifty inhabitants or more shall 
be included in one sub-district, and if such village is divided by 
district or county lines the said village shall be included in the 
sub-district under the supervision of the board of education of 
the district to which the larger division of its territory is attached 

Appeal to County Superintendent. 

Sec. 12. Any person aggrieved by any action of the board of 
education, in changing the boundaries of a sub-district, or in 
increasing or diminishing the number of the sub-districts in nig 
district under the preceding section, may appeal therefrom to the 
county superintendent of schools. 

Every such person shall present to the county superintendent 
his petition signed by himself and at least five others residents of 
the sub-district, stating the action of the board complained of and 
the grounds of appeal ; and the county superintendent shall there- 
upon fix a time and place for the hearing of the appeal, and cause 
notice thereof to be served upon the secretary or any member of 
the board of education, at least five days before the hearing. 

If upon hearing the proofs and allegations of the parties the 
county superintendent be of the opinion that the action of the 
board complained of was improper he shall reverse or correct it; 
otherwise the said action shall be affirmed, but any person ag- 
grieved by any action of the county superintendent upon said ap- 
peal may appeal to the circuit court of the county. 

Must Provide Sites and Buildings. 

Sec. 13. The board of education of every district shall provide 
by purchase, condemnation, leasing, building or otherwise, suitable 
school houses, and grounds in their districts, in such locations as 
will best accommodate the' pupils thereof, and improve such 
grounds and provide such furniture, fixtures, and apparatus for 
the said school houses, as the comfort, health, cleanliness and con- 
venience of the pupils may require, and keep such grounds, school 



School Law of West Virginia. 15 

houses, furniture, fixtures, and apparatus in good order and re- 
pair, but no board of education may purchase school apparatus 
of any kind without the advice and consent of the county super- 
intendent first had in writing. 

Approval of Location and Plans. 

Sec. 14. In the construction of school houses the board of edu- 
cation of each district shall have regard to economy, convenience 
and durability of structure and the health and comfort of pupils, 
and no such school house shall be constructed until the location and 
plan thereof have first been approved by the county superintend- 
ent, and in the event the board of education cannot agree upon 
plans or location, the county superintendent shall select the plans 
and location for such house. 

May Condemn Land. 

Sec. 15. If the owner or owners refuse to sell any land selected 
by a board of education or a county superintendent, as a location 
for a school house and necessary buildings, or for enlarging a 
school house lot, or demand an unreasonable price therefor, or if the 
owner is non compos mentis, a fcmmc couvcrte, a minor or a non- 
resident, the board of education may petition the circuit court to 
have such land condemned and such proceeding shall thereupon be 
had in the name of such board for the condemnation thereof, as 
provided for in chapter forty-two of the Code ; provided, that the 
land so taken shall not exceed in quantity two acres. 

Schools to be Taught. 

Sec. 16. The board of education shall cause to be taught in 
every sub-district of their district by a teacher or teachers of tem- 
perate habits and good morals a sufficient number of free schools 
for the instruction of the persons entitled to attend the same, and 
should the trustees of any sub-district neglect or fail to employ a 
teacher, or teachers, as hereinafter authorized, for their sub-dis- 
trict, upon complaint thereof by any three patrons of said school 
it shall be the duty of the board of education to do so. 

May Discontinue. 
Sec. 17. If at the end of any month of school the average daily 



16 School Law of West Virginia. 

attendance for that month has been less than thirty-five per cent, 
of the whole number of pupils enumerated in that sub-district, the 
board of education may dismiss the teacher and discontinue the 
school, and the teacher shall not be entitled to or receive any fur- 
ther salary. 

May Provide Buildings Jointly. 

Sec. 18. Boards of education in adjoining districts may jointly 
provide for the construction of school houses and the teaching of 
school therein for the accommodation of pupils in adjoining por- 
tions of districts whether in the same or different counties who 
may be better accommodated by such union of schools. The title 
of such houses shall be vested in the board of education of the 
district in which the houses are located, and the terms of the 
agreement shall be reduced to writing and entered of record in the 
minutes of the respective boards. Such school houses shall be 
provided with furniture, fixtures and such other apparatus as are 
supplied to school houses generally, and an equitable amount )f 
the cost thereof shall be assessed to each district interested, by 
the respective boards of education. 

Bond Required. 

Sec. 19. Boards of education shall in all cases require' persons 
entering into contracts for the building or repairing of school 
houses where the contract price exceeds fifty dollars, to execute 
bond, with approved security in double the amount of the contract 
price. 

Vote on Levy. 

Sec. 20. The ballots used at the election for county superintend- 
ent hereinafter provided for, shall have printed at the bottom of 
each ticket, in separate lines, "For school levy," and "Against 
school levy," and the voter in preparing his ballot shall, if he 
desires to vote for school levy, erase from the ticket which he 
intends to vote the words "Against school levy," or if he desires 
to vote against school levy, he shall erase therefrom the words 
"For school levy." 

Levy. 
Sec. 21. If a majority of the ballots cast upon the question of 



School Law of West Virginia. 17 

laying a levy in the district or independent district have written 
or printed thereon "For school levy," it shall be the duty of the 
board of education of such district or independent district at a 
meeting to be held on the second Tuesday in August, to ascertain 
the condition of the fiscal affairs of the district, and make up an 
itemized statement thereof, which shall set forth in detail: 

(a) The separate amounts due the building fund and teachers' 
fund of the district, and the amounts that will become due thereto 
and collectible during the current fiscal year, from every source, 
including the amount to be received from the general school fund, 
but excepting the amount that will be produced by the levy of 
taxes to be made for the year; 

(6) The debts and demands owed by the district, and the debts 
and demands that will become due and payable during the current 
fiscal year, including interest on any indebtedness, funded or 
bonded or otherwise, distinguishing between those payable out of 
the building fund and those payable out of the teachers' fund; 

(c) All other expenditures, under the several heads of expendi- 
tures, to be made and payable out of the funds of the district for 
the current fiscal year, distinguishing between those payable out of 
the building fund and those payable out of the teachers' fund, 
and including the cost of collection of taxes and other claims, with 
proper allowances for delinquent taxes and contingencies. Said 
statement shall also set forth the separate amounts necessary to be 
raised for each of said funds by the levy of taxes for the current 
fiscal year, and the proposed rates of levy of taxes, in cents on 
each one hundred dollars of assessed value, on the taxable property 
of the district for each of said funds; and also the aggregate of 
the taxable property of the district, stating separately the assessed 
value of personal property, of real estate, and of the property as- 
sessed by the board of public works. A copy of such statement 
duly certified by the secretary of the board shall be posted 
in each post office in the district for at least eight days. 
The session shall then stand adjourned until the fourth Tuesday 
in August, at which time it shall convene; and it shall then be 
the duty of said board to hear and consider any objections made 
orally or in writing, by the prosecuting attorney, by the State tax 
commissioner or his representative, or by any taxpayer of the 
county, to said estimate and proposed levy, or any item thereof. 
It shall be the duty of the board to enter an order of record show- 
ing the objections so made, setting forth the reasons and grounds 



18 School Law of West Virginia. 

for such objections. But the failure of any officer or taxpayer to 
offer objection as herein provided shall not preclude him from pur- 
suing any legal remedy necessary to correct any levy laid by said 
board. After said objections have been made and heard, the board 
shall thereupon re-consider the proposed original estimate and 
proposed rate of levy; and if the objections thereto or any part 
thereof appear to be well taken, the board shall correct the same 
accordingly and it shall thereupon be approved, and when ap- 
proved shall, with the order approving it, be entered by the sec- 
retary in the record book of proceedings, the board shall there- 
upon levy as many cents on each one hundred dollars of the as- 
sessed valuation of the property of the district, according to the 
last assessment thereof, as will produce the amount shown by the 
said statement necessary to be raised for the building fund, and 
levy in like manner the amount necessary, after deducting the 
sum receivable from the general school fund, for the teachers' 
fund to continue the schools in such district for the term of sis 
months or for a longer term where such may be established by or 
according to law; provided, first, that the levy for the building 
fund shall not exceed fifteen cents on each one hundred dollars 
of said valuation for the year nineteen hundred and eight, and 
shall not exceed twelve and one-half cents after that year; nor 
exceed twenty-five cents on each hundred dollars of said valuation 
for the teachers' fund; provided, lioivever, that in any district 
which contains an incorporated city or town where a graded or 
high school is maintained, which is continued for a longer period 
than six months, the board of education shall have authority to 
lay a levy in addition to the levies above specified sufficient for 
all purposes to conduct the schools of said city or town for 
the term fixed; provided, second, that if such board of 
education in a city or independent school district of less than ten 
thousand population maintains a high school in such" district, or 
maintains a high school in connection with one or more other 
districts, the board may levy for the support of said high school 
in any one year not to exceed ten cents on each one hundred dol- 
lars of said valuation ; provided, third, that school districts and 
independent districts having outstanding bonds may increase the 
levies aforesaid by any amount sufficient to pay the interest on 
such bonds and the principal thereof in the time provided in the 
issue of such bonds, but the proceeds of such additional levy may 
be used for that purpose and no other; provided, fourth, that if 



School Law of West Vikginia. 19 

said maximum levy of twenty-five cents for the teachers' fund 
shall not produce sufficient money, with the other sources of rev- 
enue, including any balance to the credit thereof in the hands of 
the treasurer and the amount of the general school fund appor- 
tioned to the district, to pay the salaries of the necessary num- 
ber of teachers at the minimum rate of salary fixed by law, for the 
schools of the district for the term of six months, it shall be the 
duty of the State superintendent of free schools to deposit with 
the treasurer of the board of education, to the credit of the 
teachers' fund, a sufficient amount to makai up such deficiency; 
and the said State superintendent is authorized to withhold from 
the distribution made on the per capita basis a sufficient amount 
of the general school fund, not exceeding in any one year seventy- 
five thousand dollars for this purpose. If it shall appear to said 
State superintendent that a sufficient number of teachers of the 
proper grade for the schools of such district cannot be procured at 
the minimum rate of salary, owing to the payment of larger salaries 
in neighboring districts or elsewhere in the State he may fix the 
salaries of such teachers above the minimum, but not above the 
salaries paid teachers of like grades in neighboring districts; pro- 
vided fifth, that if in any magisterial or independent district of 
the state a levy of twelve and one-half cents on the one hundred 
dollars for the building fund is not sufficient to meet all the outlay 
for necessary expenses for the school year, properly chargeable to 
the building fund, such as repairs, fuel, janitor service and insti- 
tute per diem, and not including the purchase of land or the 
erection of new buildings, then it shall be the duty of the state 
superintendent to make requisition upon the auditor for a suffi- 
cient sum out of the general school fund, not exceeding fifteen 
thousand dollars in any one year, for the purpose of supplement- 
ing the building fund of districts entitled to such assistance. The 
state superintendent before making requisition on the auditor for 
the supplementary aid herein provided for, for the teachers' and 
the building fund, shall inform himself of the conditions existing 
in such districts as seek aid and shall require a financial statement 
and affidavits concerning the same from all boards of education 
asking for help. 

Any balance of the general school fund withheld from the per 
capita distribution for such districts, as aforesaid, in any year, 
shall revert to said fund at the close of the year. 



20 School Law of West Virginia. 

Additional Levy. 

Sec. 22. If any board of education be of the opinion that the 
maximum rate of levy of taxes hereinbefore named will not pro- 
duce sufficient funds for the current fiscal year to cover the ex- 
penditures for the year in its school district, it may enter an order 
on its record book of proceedings setting forth the purposes for 
which additional funds will be needed, the amount thereof for- 
each purpose, and the total thereof, the aggregate amount of the 
taxable property on^ which it is authorized to levy taxes and the 
rate of levy in cents on each one hundred dollars of valuation of 
such property necessary to produce the additional amount esti- 
mated to be needed; and in the same order submit to the voters 
of the school district, at an election therefor, the question of such 
additional levy. If a majority of the votes cast on the question 
at such election be in favor of such additional levy, the board 
shall have authority to make such additional levy, but the same 
shall not exceed twenty cents on each one hundred dollars of valua- 
tion of the taxable property in the school districts, according to 
the last assessment thereof; provided, that if any school or inde- 
pendent school district create in the future a bonded indebtedness 
according to law, and the board of education be of opinion that the 
maximum rate of levy provided in section twenty-one will not 
produce sufficient funds to pay the interest on such bonded indebt- 
edness and provide a sinking fund for the discharge of the prin- 
cipal in the number of years authorized by the issue of the bonds, 
it may enter an order on its record book of proceedings setting 
forth the maximum rate of levy necessary in each year to pay the 
interest and to provide such sinking fund ; and in the same order 
submit to the voters of the district at the election held for the 
purpose of authorizing the bond issue, the question of such levy. 
At such election there shall be printed on the ticket a brief state- 
ment of the levy herein provided for, such as, "To authorize a 

maximum special bond levy of cents according to the 

order of entered on the day of 

to pay the interest and provide a sinking fund for the discharge 
of the bonds now being voted upon." And directly underneath in 
two separate lines shall be printed the words, "For the levy" and 
"Against the levy." In all respects the provisions of the laws 
concerning general elections, and elections under the provisions 
of this act, shall apply to such election as far as they are practica- 



School Law op West Virginia. 21 

ble. If a majority of the votes east at such election be in favor 
of such levy, the board shall have authority to lay such maximum 
levy, and may continue to lay the same, or such portion thereof as 
is necessary, from year to year, without additional vote, until 
such bonded indebtedness is paid off and discharged ; but the funds 
arising from such levy shall be used for the purpose herein desig- 
nated and no other. 

How Elections Herein Authorized Held. 

Sec. 23. The election authorized in section twenty-two may be 
held at any general election, or at any special election held for any 
other purpose, as well as held separately. Notice thereof, however, 
shall be given by the publication of the order of the board calling 
the same, in two newspapers of general circulation in the territory 
in which the election is held, and of opposite politics, at least once 
in each week for two successive Aveeks before the election, and 
printed copies of said order shall be posted at each place of voting 
at least ten days before the election. If there be only one such 
newspaper published in the county, the publication shall be made 
therein. All the provisions of the laws concerning general elec- 
tions shall apply to such election as far as they are practicable, 
except as follows: A separate ticket shall be used at such election 
held in connection with any other election. On such ticket shall 
be printed a brief statement of the question submitted, such as 
"Special election to authorize levy of cents, accord- 
ing to the order of the day of ; ' ' and directly under- 
neath, in two separate lines, shall be printed the words "For the 
levy," and "Against the levy." Those favoring the levy shall 
erase the words "Against the levy" and those opposed thereto 
shall erase the words "For the levy." If a majority of those 
voting on the question be in favor of the levy the said board shall 
be authorized to lay the same ; but if a majority of the votes cast 
on the question be not in favor of such levy^ it shall not be laid. 
The secretary of the board shall procure and furnish to the elec- 
tion commissioners at each place of voting the tickets, poll books, 
tally sheets, and other things needed. 

Special Debt Levy — Provisions as to Certain Funds. 

Sec. 24. If any school district or any independent school district 



22 School Law of West Virginia. 

have outstanding unpaid orders on the treasury thereof, or owe 
other floating indebtedness, which orders were issued or which in- 
debtedness was incurred previous to the first day of January in 
the year nineteen hundred and eight the amount whereof is so con- 
siderable that it is impracticable to discharge the same out of the 
proceeds of the regular levy, and the board of education deem it 
inadvisable to submit to the voters of the district the question of 
an additional levy as provided in section twenty-two, the board 
may lay a levy in addition to said regular levy to be called ' ' Spec- 
ial debt levy," not exceeding ten cents on each hundred dollars 
of the valuation of the taxable property of the district according 
to the last assessment of such property, and continue such levy for 
as many years as may be necessary to pay off such debt, but not 
longer. The net amount produced by any such levy, or by any 
additional levy authorized by section twenty-two, shall not be 
used for any other purpose, as to such special debt levy than for 
the payment of such debt, or as to such additional levy for the 
purpose or purposes named in the order submitting the question 
to the voters. The treasurer of each of such funds shall keep an 
accurate account of the same separately from other funds. If 
after paying off such debts or effecting the object of said additional 
levy or of said special levy, any balance remains of any said funds 
the same shall, first revert to the sinking fund of the district or 
independent school district, or secondly, if there be no such sinking 
fund, it shall revert to the teachers' fund. 

Certain Acts Prohibited — Penalties. 

Sec. 25. It shall be unlawful for any board of education to 
expend any money or to incur any obligation or indebtedness 
which such tribunal is not expressly authorized by law to expend 
or to incur. Nor shall any such tribunal make any contract, ex- 
press or implied, the performance of which, in whole or in part, 
would involve the expenditure of money in excess of funds legally 
at the disposal of such tribunal, issue or authorize to be issued any 
certificate, order or other evidence of indebtedness which cannot 
be paid out of the levy for the current year or out of the fund 
against which it is issued. Nor shall any such tribunal attempt 
to lay any such levy the rate whereof shall exceed the rate specified 
by this act. 

Any member of any such tribunal, or any officer or person, who 



School Law of West Virginia. 23 

in violation of any of the provisions of this act shall expend any 
money or incur any debt or obligation, make or participate in the 
making of any such contract, or be a party thereto in any official 
capacity, or issue or cause to be issued any such certificate, order 
or other evidence of indebtedness, or lay or cause to be laid any 
levy or levies, shall be personally liable therefor, both jointly and 
severally, and an action may be maintained therefor by the State, 
or by any county, municipal corporation, district, or person pre- 
judiced thereby, in any court of competent jurisdiction ; and any 
such member, officer or person shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not more than five hun- 
dred dollars or be confined in jail not more than one year, or both 
fined and imprisoned; and in addition thereto shall forfeit his 
office. Whenever any court of competent jurisdiction by manda- 
mus, injunction or other judicial proceeding shall determine that 
any officer or person has wilfully violated any of the provisions 
of this section, it shall enter an order declaring the office of such 
officer or person forfeited. 

Duty of State Tax Commissioner and Attorney General. 

Sec. 26. The State tax commissioner shall prepare forms and 
instructions for making up the statement named in section twenty- 
one of the condition of the fiscal affairs, which forms and instruc- 
tions shall be followed so far as they are consistent with law. The 
attorney general shall prepare forms and instructions for the hold- 
ing of any election provided by this act, which forms and instruc- 
tions shall be followed. 

Additional Term — Special Election. 

Sec. 27. The board of education of any district or independent 
district may at their first meeting held on the first Monday in 
July extend the term of six months school herein provided for, ■ r 
they shall upon the petition of fifty taxpayers of their district, 
submit the question of having more than six months school to the 
voters of their district at any general election or at a special elec- 
tion to be held in such district at such time as said petitioners may 
designate. If such question is to be submitted at a general elec- 
tion the board of education shall notify the ballot commissioners 
who shall thereupon have printed on the ballots used at such gen- 



24 School Law of West Virginia. 

eral election "For months school" and "Against ■ 

months school, ' ' and if at a special election, the secretar) 



of the board of education shall post notices of such special election 
at all the voting places in the district for at least twenty days be- 
fore the day on which said election is to be held. The ballots used 
at said election shall have written or printed thereon the words 

< ' For months school, ' ' and ' ' Against months 

school." If a majority of the votes cast at any such election 
shall be in favor of more than six months school, or if the board 
of education shall determine, without such election, to have more 
than six months school they shall provide for such additional 
months of school for their district, for the ensuing two years. 

Teachers' Salaries. 

Sec. 2iy 2 - The boards of education of the several districts shall 
at their first meeting for each school year on the first Monday in 
July determine the number of teachers that may be employed in 
the several sub-districts, and fix the salaries that shall be paid to the 
teachers. In determining the salaries they shall have regard to 
the grade of teachers certificates fixing to each grade the salary that 
shall be paid to teachers of said grade in the several sub-districts as 
follows: Teachers having certificates of the grade of number out, 
shall be paid not less than forty dollars per month; those holding 
certificates of the grade of number two, not less than thirty-five dol- 
lars per month ; and those holding certificates of the grade of num- 
ber three not less than thirty dollars per month. And the trustees 
of the several sub-districts shall in no case transcend or diminish 
the salaries so fixed in any contract they may make with teachers. 

Graded Schools. 

Sec. 28. In any district in which there is a town, village or 
densely populated neighborhood having two or more schools in the 
same building, the board of education may establish a graded school 
therein and in addition to the graded school herein provided for, in 
a town or village having four or more schools in the same building, 
a high school mjay be established, which shall be open to all pupils 
of sufficient attainment in the magisterial district in which the 
school is located ; provided, the levy necessary to support said school 
and all other schools of the district shall not exceed twenty-five 
cents on the one hundred dollars valuation for the teachers' fund, 



School Law of West Virginia. 25 

and fifteen cents on the one hundred dollars valuation for building 
fund. The board of education shall have charge of such graded 
and high schools. If within ten days after the board of education 
has laid the levies hereinbefore required, a majority of the taxpay- 
ers of the sub-districts in which any such graded school is located, 
file with the secretary of the board of education their petition pray- 
ing for an extension of the term of such graded school for a given 
number of months for the ensuing year, said board of education 
shall extend the term of said graded school for the number of 
months prayed for, and shall provide for such additional expense 
necessarily incurred in carrying on said school for such extended 
term by special levy not exceeding the rate of five cents on the 
hundred dollars valuation of the taxable property of such sub- 
district, and the proceeds of such levy shall be known as sub-district 
teachers' fund, and shall be collected, reported and accounted for 
as provided for the proceeds of other school levies. 

Additional Salary 

Sec. 29. The board of education of any district or independent 
district may pay the teachers of their district such salaries in 
addition to the minimum salary fixed by law, as hereinbefore pro- 
vided, as they may see proper, having regard to the grade of the 
teachers' certificate; and where they establish a high or graded 
school employing two or more teachers the board may fix a higher 
grade of salary to be paid the teachers of any such high or graded 
school, and grade their salaries according to the conditions existing 
in such schools. 

District High Schools. 

« 

Sec. 30. (a) If the board of education of any district deem 
it expedient to establish a high school in such district they shall 
submit the question to the voters of the district at a general or spe- 
cial election in the manner following, that is to say: The board 
shall prepare and sign a notice setting forth the kind of school 
proposed ; the place where it is to be located ; the estimated expense 
of establishing the same, including cost of site, building, furniture, 
books and apparatus and the estimated annual expense of support- 
ing the school after it is in operation with such other information 
concerning it as they may deem proper ; and stating that the ques- 
tion of authorizing the establishment of such high school shall be 
submitted to the voters of the district at the election specified in 



26 School Law op West Virginia. 

the notice which they shall cause to be posted for four weeks be- 
fore the election in at least three of the most public places in the 
district. 

The ballots used in voting on the question shall have written or 
printed thereon the words ' ' For district high school, ' ' and ' ' Against 
district high school." If it appear by the result of said election 
that not less than three-fifths of the voters who voted on the ques- 
tion are in favor of authorizing the establishment of said school the 
board of education shall then proceed to obtain the site, provide 
proper buildings, fixtures and improvements, procure necessary 
furniture, books and apparatus and employ necessary teachers 
therefor. 

'(&) The high schools of this state shall be divided into three 
classes as follows: 

High schools of the first class shall include all high schools of- 
fering courses of study covering four years of not less than thirty- 
two weeks each — and after July 1, 1913 of not less than thirty-six 
weeks each — and employing not fewer than three thoroughly quali- 
fied high school teachers who devote all of their time to the teach- 
ing of high school subjects. 

High schools of the second class shall include all high schools of- 
fering courses of study covering three years of not less than thirty- 
two weeks each — and after July 1, 1913, of not less than thirty-six 
weeks each — and employing not fewer than two thoroughly quali- 
fied high school teachers who devote all of their time to the teach- 
ing of high school subjects. 

High schools of the third class shall include all high schools of- 
fering courses of study covering two years of not less than thirty- 
two weeks each — and after July 1, 1913, of not less than thirty-six 
weeks each — and employing at least one thoroughly qualified high 
school teacher who devotes all of his time to the teaching of high 
school subjects. 

(c) It shall be the duty of the State superintendent of schools 
to classify all of the high. schools of the state in accordance with the 
provisions of division "b" of this section. 

(d) To assist in the maintenance of all such high schools as have 
been properly classified according to the provisions of division "b" 
of this section and have complied with all the requirements there- 
of, the following amounts are hereby appropriated to be paid out 
of any money in the State treasury not otherwise appropriated. 

To high schools of the first class, $800 ; to high schools of the sec- 



School Law of West Virginia. 27 

ond class, $600 ; to high schools of the third class, $400 ; Provided, 
That the total amount so appropriated to all high schools receiving 
such aid, shall not in any one year exceed $40,000. 

(e) The state superintendent of schools shall not later than the 
first day of July, one thousand nine hundred and eleven and not 
later than the first day of July of each year thereafter, notify the 
county superintendent of schools of each county as to the amount 
due under the provisions of this section to each of the classified 
high schools of his county. The county superintendent shall issue 
his warrants upon the auditor payable to the order of the sheriff 
of his county, for the amount due each school which shall be paid in 
two equal installments, payable on the fifteenth day of September 
and December respectively. 

High School to be Discontinued. 

Sec. 31. Any district high school shall be discontinued at the 
end of any year upon the petition in writing of at least seventy-five 
per cent, of the taxpayers of the district. 

Meetings — Quorum. 

Sec. 32. The boards of education of the several, districts may 
hold their meetings on the first Monday of each month during the 
school term and at such other times as they may determine, but no 
business shall be transacted at a special meeting except such as may 
be designated in the call therefor of which all the members have 
notice. A quorum of the board shall consist of a majority of the 
members thereof, and they shall do no official business except when 
assembled as a board. 

Compensation. 

Sec. 33. The members of the board of education of each district 
shall each receive as compensation for their services the sum of two 
dollars per day to be paid out of the building fund of the district 
on the order of the county superintendent ; provided, that no com- 
missioner shall receive pay for more than ten days, and no presi- 
dent for more than fifteen days in one year, one day of which shall 
be spent by each of them in attending a county teachers* institute 
held in his county. 



28 School Law op West Vikginia. 

Kindergartens. 

Sec. 34. The board of education of any district or independent 
district in which there is a city, town or village, of one thousand 
population or more, may establish in connection with the schools of 
such district a kindergarten, to which may be admitted children be- 
tween the ages of four and six years, under such regulations as may 
be prescribed by law for the admission of youth to the other schools 
of such district. 

No person may be employed as a teacher in such kindergarten 
unless she holds a diploma from a kindergarten college, or, in ad- 
dition to holding such a certificate as is required of other persons 
employed as teachers in the schools of this state, be duly examined 
in kindergarten methods and theories, in such manner as the board 
of education may prescribe. 

Free Text Books. 

Sec. 35. The board of education of any district or independent 
district may purchase the necessary text-books prescribed to be used 
in the free schools under their control and furnish the same free to 
the pupils of said schools. If the board of education determines to 
purchase and furnish such free text-books, they shall enter an or- 
der to that effect upon the records, and shall cause said books to be 
purchased and kept in charge by the secretary and furnished to the 
pupils of the free schools of their district as hereinafter provided. 

Teachers to Distribute. 

Sec. 36. At the commencement of every term of the free schools 
in such district the secretary shall deliver to the teachers thereof 
such books as may be necessary for the use of the several pupils 
therein for the ensuing term of school and take from them receipts 
showing the number and kind of books so received. It shall be the 
duty of such teachers to take charge of such books and to distribute 
them among the pupils of their schools as needed, and said teachers 
shall have and exercise general control over said books during such 
term and at the close thereof and before they receive an order for 
salary for the last month of such term shall collect and gather to- 
gether all the books so used during the term and deliver tnem to the 
secretary of the board of education; provided, that if any of the 
books delivered to any pupil of such district shall be unnecessarily 



School Law op West Virginia. 29 

injured or destroyed they shall be replaced by the pupil who injur- 
ed or destroyed them. All such books shall be purchased by the 
board of education directly from the publisher, contracted with as 
prescribed by law and at the net wholesale price. 

Books for Library. 

Sec. 37. The board of education of any district may purchase 
books for school libraries. But not more than ten dollars shall be 
expended in any year for this purpose for any school, and books so 
purchased must be selected from the list and in the order, and of 
the edition recommended by the state superintendent of free 
schools. 

Librarian. 

Sec. 38 The trustees of any sub-district where there is a school 
library containing two hundred volumes may upon the petition in 
writing of at least half of the taxpayers of the sub-district employ a 
responsible person to care for such school library during the time 
school is not in session and to open the said library for part of one 
day in each week at which time the patrons and pupils of such sub- 
district may draw out books under such rules and regulations 
for the care and return thereof as the said trustees may prescribe. 
For his services the said librarian shall be paid five dollars per 
year, out of the building fund, by order of the board of education. 

Bonds — Election. 

Sec. 39. In any district or independent district, the board of 
education may borrow money and issue bonds therefor for the pur- 
pose of building, completing, enlarging, repairing or furnishing 
school houses, in such district or independent district. Said bonds 
shall be payable in not less than ten nor more than thirty-four 
years from their date, and the rate of interest thereon shall not ex- 
ceed six per centum per annum ; provided, that no debt shall be 
contracted under this section which shall, including existing indebt- 
edness, in the aggregate, exceed two and one-half per centum on the 
value of the taxable property in said district, to be ascertained by 
the last assessment for state and county taxes previous to the in- 
curring of such indebtedness, nor without at the same time provid- 
ing for the collection of a direct annual tax sufficient to pay annu- 
ally the interest on said debt, and the principal thereof, within and 



30 School Law of West Virginia. 

not Exceeding thirty-four years; and, provided, further, that no 
debt shall be contracted under this section unless all questions 
connected with the same have been first submitted to a vote of 
the people of said district at a special or general election, and 
have received three-fifths of all the votes cast for and against 
the same. 

THE GENERAL SCHOOL FUND. 

Sec. 40. The proceeds of the capitation tax, the income of the 
school fund, the net proceeds of all forfeitures and fines which ac- 
crue to the state during the previous year and all money arisiug 
from the sources named in section four of article twelve of the con- 
stitution heretofore going to the ''school fund," but as now amend- 
ed going to "the general school fund," and all funds from any 
sources paid into the treasury for school purposes and not otherwise 
appropriated, shall be set apart for the support of free schools, as a 
separate fund to be called "the general school fund" and shall be 
annually apportioned and distributed to the several counties of the 
state in proportion to the number of youth of school age according 
to the latest enumeration for school purposes, to be applied to the 
support of free schools throughout the state, and to no other pur- 
pose whatever, except that the auditor shall in ascertaining the 
amount to be apportioned and distributed to the several counties 
first deduct the aggregate salary of the state superintendent of 
free schools, his necessary traveling expenses not to exceed five hun- 
dred dollars, the contingent expenses of his office, the salaries of 
the county superintendents, the supplementary fund provided for 
in section twenty-one and other expenditures required by law to be 
paid out of the general school fund; provided, that if the amount 
of the general school fund in any year is less than seven hundred 
and fifty thousand dollars the board of public works shall transfer 
thereto from the state fund an amount necessary to make the gen- 
eral school fund at least seven hundred and fifty thousand dollars; 
and if in the judgment of said board the condition of the state fund 
will justify it, such transfer may be sufficient to make tne general 
school fund one million dollars. 

Auditor to Report. 

Sec. 41. It shall be the duty of the auditor, on or before the 
twentieth day of July in each year, to ascertain the amount of the 



School Law of West Virginia. 31 

general school fund which is distributable among the several coun- 
ties as aforesaid, and notify the state superintendent of free schools 
thereof, who shall thereupon ascertain the proper share of each 
county and notify the auditor and each county superintendent of 
said apportionment. 

Apportionment of General School Fund. 

Sec. 42. Upon receiving such notice, the county superintendent 
shall ascertain the proper sharp, of each district, and independent 
school district, of his county, according to the number of youth 
enumerated therein, and give notice to the board of education of 
each district, and independent school district, in the county, of the 
amount of the general school fund due each respectively, and that 
the same cannot be drawn by them until they have made the levy re- 
quired by section twenty-one of this chapter. 

Requisition for the General School Fund, 

Sec. 43. When the board of education has laid the levy for the 
teachers' fund the county superintendent shall issue his requisition 
on the auditor, payable to the order of the sheriff of his county, for 
the amount due, which shall be paid in two equal installments, pay- 
able on the fifteenth of September and December, respectively. 

Delinquent Lists. 

Sec. 44. The delinquent lists for the county and district school 
levies shall be returned and all other proceedings had in relation 
.thereto as provided by law for other delinquent taxes. 

SECRETARY. 

Duties. 

Sec. 45. The board of education at their first meeting, which 
shall be held on the first Monday in July of each year shall appoint 
a secretary who shall not be a member of the board, and who shall, 
before entering upon the discharge of his duties, take the oath pre- 
scribed by law, and shall attend all meetings of the board,- and re- 
cord their official proceedings in a book kept for that purpose, which 
record shall be attested by his signature and the signature of the 



32 School Law of West Virginia. 

president of the board, and which shall at all reasonable times be 
open to the inspection of any person interested therein; he shall 
have the care and custody of all papers belonging to the board, in- 
cluding evidences of title, contracts and obligations, and preserve 
the same in his office properly arranged for reference ; and shall re- 
cord and keep on file in his office such papers and documents per- 
taining to the business of the board, and keep such accounts and 
prepare and certify such reports and writings, as the law may re- 
quire or the board direct, all of which records, papers, contracts, 
documents and other property pertaining to his office shall be im- 
mediately delivered in proper condition to his successor in office. 

Abstract of Proceedings. 

Sec. 46. The secretary of the board of education of each district 
shall, within three days after each meeting of the board of educa- 
tion, post an abstract of the proceedings thereof at the front door 
of the place of meeting, and within ten days after the annual set- 
tlement with the sheriff the secretary of the board of education of 
each district and independent district shall post at the same place 
an itemized statement, duly sworn to by the president and the sec- 
retary of said board, showing all disbursements by said president 
and secretary by orders on the sheriff, or otherwise, within the 
school year last preceding, from the teachers' fund, the building 
fund, and any other fund from which disbursements are made, set- 
ting forth the name of the person to whom and the purpose for 
which each order was issued. 

Administer Oaths. 

Sev. 47. The secretary shall have authority to administer oaths 
to school officers and to teachers or others reporting enumeration. 

Assessor's Certificate. 

Sec. 48. The assessor shall make out and deliver to the secretary 
of the board of education of each district and independent district 
in his county on or before the second Tuesday in August in each 
year, a certificate showing the aggregate value of all personal prop- 
erty and real estate in such district or independent district, and to 
the county superintendent of free schools a certificate of the aggre- 



School Law of West Virginia. 33 

gate value of such property in the county, which certificates shall 
serve as the hasis for the school levies for the ensuing year. 

Report Rate of Levy. 

Sec. 49. ' Within three days after the board of education has laid 
the levy for the building fund and the teachers' fund, it shall be the 
duty of the secretary to report the rate thereof to the county super- 
intendent and the proper assessor, and within three days thereafter 
it shall be the duty of the county superintendent to report the rate 
of levy for the various funds to the clerk of the county court and the 
assessor and the rate of levy for all funds, and the total value of real 
and personal property in each district and independent district to- 
the state superintendent and the auditor ; and it shall thereupon be 
the duty of the proper county officer to extend on the personal 
property book and on the land book the amount of taxes levied as 
aforesaid, in separate columns, headed respectively teachers' fund, 
and building fund, which taxes the sheriff shall collect and account 
for as required by law. 

Penalty. 

Sec. 50. Any assessor, clerk of the county court, secretary of a 
board of education, or county superintendent who fails to perform 
the duties required of him by sections forty-eight and forty-nine of 
this chapter, shall be guilty of a misdemeanor and upon conviction 
thereof be fined twenty dollars. 

Report. 

Sec. 51. From the reports of trustees, the teachers' registers, 
the annual settlement with the sheriff, and from such other authen- 
tic information as he may be able to obtain, the secretary shall make 
a tabular report to the county superintendent on or before the 
twentieth day of July annually, showing all the statistics and other 
facts required in the blanks furnished by the state superintendent, 
with such explanations and remarks as he may deem pertinent. 

Salary. 

Sec. 52. The secretary of the board of education of each dis- 
trict shall receive for his services in districts with fewer than fif- 
teen schools twenty dollars ; and in districts with fifteen and fewer 



34 School Law of "West Virginia. 

than twenty-five schools, thirty-five dollars, and in districts with 
more than twenty-five schools, fifty dollars. In addition tliereto ne 
shall receive the sum of ten dollars for the report required in sec- 
tion fifty-one, both amounts to be paid out of the building fund of 
his district on the order of the county superintendent of free 
schools; but said order shall not be issued until the secretary has 
made a correct and complete report within the time required by 
law. 

TRUSTEES. 

Appointment — Term — Oath. 

See. 53. The board of education shall at the first meeting to be 
held on the first Monday of July, nineteen hundred and eight, 
appoint three intelligent and discreet persons trustees for each sub- 
district in their district, who shall hold their office, one for one year, 
one for two years, and one for three years respectively ; and annual- 
ly thereafter appoint one trustee for said sub-district who shall hold 
his office for a term of three years, and every trustee so appointed 
under this section shall be immediately notified of his appointment, 
and shall within ten days after receiving such notification, qualify 
as such by taking and subscribing to the oath of office prescribed 
by law. 

Quorum. 

Sec. 53^2- No one trustee shall, by himself, have any power to 
perform any duty required by law of the trustees, who shall meet at 
a time and place fixed by two of their number, the other having had 
reasonable notice of such meeting, and two of the trustees shall 
constitute a quorum, and they shall keep a record of their acts and 
proceedings in a book to be furnished them by the board of educa- 
tion for that purpose, such book to be turned over by them to their 
successors in office. 

May oe Removed. 

Sec. 54. Any trustee may, for good cause shown, be removed 
from office by the board of education upon five days' notice in writ- 
ing, of the cause alleged for his removal, and of the time and place 
the board will take action thereon. 



School Law of West Virginia. 35 

Vacancy in Office. 

Sec. 55. Vacancies in the office of school trustee shall be filled by 
the board of education for the unexpired term. 

Appoint Teachers. 

Sec. 56. The trustees of every sub-district shall have charge of 
the school therein and shall on the third Monday in July of every 
year, or as soon thereafter as practicable, appoint at the school 
house of their sub-district, a teacher or teachers, for the ensuing 
term of such school, who shall hold a valid teachers' certificate, 
and such appointment shall be in writing according to the form of 
contract furnished by the state superintendent of free schools, 
which contract shall be at the rate fixed for the grade of certificate 
held by such teacher and shall be filed with the secretary of the 
board before the beginning of the term for which the teacher is 
employed. 

File Duplicate. 

Sec. 57. No person shall be employed to teach in a free school m 
this state until he has presented to the trustees or board having 
charge thereof, a certificate in duplicate of his qualifications which 
duplicate shall be filed until the close of the school term with the 
secretary of the board of education of the district wherein said 
school is situated, and so endorsed on the original by the secretary, 
and no salary shall be paid to any teacher unless such duplicate 
be so filed. 

Appointment of Certain Persons Prohibited. 

Sec. 58. No trustee shall contract with or appoint as teacher of 
his school himself, his wife, father, son, son-in-law, grandson, 
brother, brother-in-law, daughter, daughter-in-law, granddaughter, 
sister, sister-in-law, aunt, uncle, niece, nephew, or first cousin by 
blood. If any trustees appoint any person so related to any two of 
the trustees as teacher of their school, the board of education may 
declare such contract void. Any teacher may be removed by the 
board of education for incompetency, neglect of duty, intemper- 
ance, profanity, cruelty or immorality, and any teacher so removed 
shall not receive any salary for the unexpired term. 



36 School Law op West Virginia. 

Holidays. 

Sec. 59. In contracts with, teachers it shall be understood that 
school is not to be kept in operation for instruction on Saturday or 
any holiday, but if a holiday fall upon a day which otherwise 
would be a school day, and on a day immediately preceding or im- 
mediately following a day on which school is taught, it shall be 
counted as though taught. 

Visit Schools. 

Sec. 60. The trustees shall visit every school under their charge 
within two weeks after the opening, and again within two weeks 
before the close thereof, and at such other times as it may be neces- 
sary or useful. During such visits they shall inspect the register of 
the teacher and see whether it has been properly kept, and ascertain 
whether the pupils are supplied with books and other things requir- 
ed for their studies ; whether the school houses and. grounds, closets, 
and other outbuildings, furniture, apparatus and library are kept in 
good order; whether anything injurious to health is suffered to re- 
main about the house or grounds; and whether the school house is 
well ventilated and kept clean and comfortable; and where neces- 
sary they shall provide and promptly apply the proper remedy. 
They shall also, during such visits make such examination as they 
may deem pertinent respecting the studies, discipline ana general 
condition of the school and the conduct and proficiency of the pu- 
pils, and give such directions or make such suggestions to the 
teacher, as, in their opinion, will promote the interests of the school, 
and the health, morals and progress of the pupils. 

Purchase Supplies. 

Sec. 61. The trustees shall cause the school house under their 
charge and everything pertaining thereto to be kept in good order, 
and to this end may purchase fuel, water-buckets, brooms, coal-hods, 
shovels, pokers, stove-pipe, crayons, erasers, dippers and wash- 
basins for use in the school room, and make such repairs to windows, 
doors, benches, desks, floors, walls, ceilings and roofs as may be 
necessary to make the house comfortable. The trustees shall also 
see that the school house is swept and that fires, when necessary, 
are made and kept therein by the teacher, if the teacher so desire, 
for which sweeping and fire building the teacher or other person 



School Law of "West Virginia. 37 

doing the work shall be allowed fifty cents per week, payable at the 
end of the term upon a proper certificate from the trustees, out of 
the building fund of the district. 

May Allow School Houses Used. 

Sec. 62. The trustees may allow the school house in their charge 
to be used for holding religious, political, or literary metings and 
Sunday school and such other meetings as may be considered bene- 
ficial to the public generally, under such regulations for the care 
and cleaning thereof as they may prescribe : provided, tnat such 
meetings shall not interfere with the public schools. 

Make Estimates of Improvements. 

Sec. 63. The trustees shall furnish the board of education at the 
end of the school year estimates of all improvements and repairs 
necessary for the preservation of buildings, grounds and furniture 
under their charge ; also a report of the condition of the school 
house, and the value and kind of apparatus, the number of volumes 
in the school library and their value, with such explanations and 
additional information as they may deem useful, or as the blanks 
furnished by the state superintendent may require. 

Report of Expenses. 

Sec. 64. The trustees shall keep an exact account by items of all 
necessary expenses incurred by them in the performance of their 
duties, which they shall file with the secretary of the board of edu- 
cation at or before the last meeting for the current school year. If 
the board find the account correct, they shall pay the various items 
thereof, out of the building fund of the district by orders on the 
sheriff, but if found incorrect, the secretary shall return it for cor- 
rection. 

Under Supervision of Board of Education. 

Sec. 65. The trustees of each sub-district shall be under the sup- 
ervision and control of the board of education, and in all cases their 
actions shall be subject to revision and correction by the board of 
education, upon the complaint in writing of any three taxpayers of 
the sub-district. 



38 School Law of West Virginia. 

Transfer of Pupils — Tuition. 

Sec. 66. Whenever any person authorized to attend school is so 
situated as to be better accomodated at the free school of an adjoin- 
ing sub-district or independent district, whether in the same or in 
an adjoining district or county, or whenever it may be necessary to 
establish a school composed of pupils from parts of two or more sub- 
districts in adjoining districts, whether in the same or different 
counties, it shall be the duty of the trustees of the sub-district in 
which such pupil lives to transfer him for school purposes to the 
sub-district in which such school house is situated for the same per- 
iod that the schools of the district from which the transfer is m'ade 
are in session, subject, however, to the approval of the trustees of 
the sub-district or the board of education of the independent dis- 
trict, to which such pupil is transferred; but the enumeration of 
youth shall be taken in each sub-district as if no transfer had been 
made. 

Divide Expenses. 

Sec. 67. But in all cases of transfer of pupils from one district 
to another the board of education of the district from which the 
transfer is made shall pay to the board of education of the district 
in which the school is carried on such proportion of the cost of 
teachers of said school as the pupil so transferred bear to the whole 
number of pupils taught in such school. 

Consolidation of Schools. 

Sec. 68. Boards of education may, upon the petition in writing 
of seventy-five per cent, of the voters of the sub-district affected, 
abolish any sub-district and consolidate the school or schools therein 
with the school or schools of one or more other sub-districts, and 
provide for the conveyance of pupils to and from school at public 
expense under such rules and regulations as they may prescribe. 
* Contracts for the conveyance of pupils shall be let to the lowest 
responsible bidder, and all expenses thereof shall be paid out of 
the building fund of the district. 

Who May Attend School. 

Sec. 69. The following persons when residing in a sub-district or 
independent district with intent to make such* district their home, 



School Law of West Virginia. 39 

shall have the right to attend the free schools thereof, and to receive 
instruction therein ; that is to say, every youth between the age of 
six and twenty-one years, and anj^ other person, with the consent 
of the trustees or the board of education, as the case may be, and 
upon the payment of tuition fees not to exceed two dollars and fifty 
cents per pupil per month, and upon such other terms as the trus- 
tees or the board of education may prescribe. Said tuition fees 
shall be paid in advance to the sheriff, who shall give his receipt 
therefor and place the amount to the credit of the teachers' fund 
of said district. 

Colored Pupils. 

Sec. 70. White and colored pupils shall not be taught in the same 
school, or the same building, but it shall be the duty of the board of 
education to establish one free school, or more if necessary, m any 
sub-district wherein there are ten or more colored persons of school 
age and, if possible, in any district wherein there are fewer than 
ten. For the purpose of carrying out this section the board of edu- 
cation may establish schools composed of pupils from adjacent dis- 
tricts in the manner provided in section eighteen for white pupils. 

Division of Funds — Mandamus. 

Sec. 71. Whenever, in any school district, the benefit of a free 
school education is not secured to the colored children residing 
therein in the manner mentioned in the preceding section, the fund 
applicable to the support of free schools in such district shall be 
divided by the board of education in the proportion which the num- 
ber of colored children bears to the number of white children there- 
in, according to the last enumeration made for school purposes, and 
the share of the former shall be set apart for the education of color- 
ed persons of school age in such district, and be applied for that 
purpose from time to time in such way as the board of education 
may deem best. Any board of education failing to comply with this 
section may be compelled to do so by mandamus. 

COMPULSORY ATTENDANCE. 

Age — Time — Misdemeanor. 

Sec. 72. Every person having under his control a child between 
the age of eight and fifteen years shall cause such child to attend 



40 School Law of West Virginia. 

some free school for a period of twenty-four weeks, yearly, begin- 
ning with the opening of the school term. For every neglect of such 
duty, the person offending shall be guilty of a misdemeanor, and 
shall upon conviction thereof, before any justice, who is hereby au- 
thorized to try and determine such cases, be fined two dollars for 
the first offence, and five dollars for each subsequent offence, which 
fine shall be paid into the building fund of the district in which said 
offence occurred. 

An offence as understood herein shall consist in the failure of 
such persons for two days in any week to cause such child to attend 
school, except in cases of sickness or death in the pupil's family, or 
other reasonable cause, or unless the pupil be thoroughly and sys- 
tematically instructed for a like period of time elsewhere : provided, 
there be a school in session within two miles of the pupil's home, by 
the nearest traveled road. 

Truant Officer. 

Sec. 73. The board of education of every district or independent 
district at its first annual meeting, or as soon thereafter as practic- 
able, shall appoint one or more truant officers whose duty it shall be 
to enforce the provisions hereof. Each officer so appointed shall use 
due diligence to ascertain any violation of this law, and when from 
personal knowledge or by report or complaint from anj r resident or 
teacher of the district under his supervision he believes that any 
child subject to the provisions hereof has been absent from school 
for two days he shall immediately give written notice to the parent, 
guardian or custodian of such child that the attendance of such 
child at school is required, and if such parent, guardian or custodian 
of said child does not comply with the provisions of this section at 
once, then such truant officer shall make complaint against such 
parent, guardian or custodian before the nearest justice of the 
peace: provided, that for subsequent offences in any one year no 
such notice shall be required. 

Employer — Misdemeanor. 

Sec. 74. Any person who induces or attempts to induce any such 
child unlawfully to absent himself from school, or who harbors or 
employs any such child unlawfully absent from school while the 
school in the district in which such child lives is in session, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be pun- 



School Law of West Virginia. 41 

ished by a fine of twenty-live dollars, and may be imprisoned ten 
days. 

Duty of Teachers. 

Sec. 75. Teachers in ungraded schools and principals and super- 
intendents in graded and high schools shall report to truant officers 
all cases of violation hereof in their sub-districts or independent 
districts, and shall furnish all reports and information necessary to 
the proper hearing of any case before a justice of the peace and all 
such teachers, principals and superintendents shall assist truant 
officers in every reasonable way in carrying out the provisions here- 
of. 

Fines. 

Sec. 76. All fines collected under the four preceding sections 
shall at once be paid over by the justice to the sheriff, and by him 
credited to the building fund of the proper district; and every 
truant officer shall make to the secretary of the board of education 
and to the sheriff an itemized statement on the last day of each 
month of all fines imposed hereunder. 

Compensation of Truant Officers. 

Sec. 77. Said truant officers shall be paid monthly at the rate of 
two dollars per day for the time actually spent in the discharge of 
their duties as such officers, but in no case shall payment for any 
month's services be made until the truant officer has filed with the 
secretary of the board of education the statement required in the 
preceding section, together with a sworn statement of the number 
of truancy cases investigated and the time actually employed in 
such duties. When the truant officer has faithfully performed his 
duties and filed the statement required, the board of education, if 
satisfied that the same are just and correct, shall issue and deliver 
to him an order on the sheriff for the amount of his account, paya- 
ble out of the building fund of the district. 

• SUBJECTS TAUGHT. 

Sec. 78. In the free schools there shall be taught reading, orthog- 
raphy, penmanship, arithmetic, English grammar and language, 
United States history, state history, general and state geography, 
civil government, general history, book-keeping, elementary agricul- 



42 School Law of West Virginia. 

ture, and physiology and hygiene, and in connection therewith the 
nature of alcoholic drinks and narcotics, with special instruction as 
to their effect upon the human system, and in addition thereto in 
graded and high schools such other subjects as may be required in 
the course of study prescribed by the state board of education. 

STATE SUPERINTENDENT TO PREPARE MANUAL. 

Sec. 79. It shall be the duty of the state superintendent of free 
schools to prepare and distribute a manual containing the courses of 
study prescribed by the committee on course of study and such other 
matter as may seem necessary to enable teachers to carry out the 
said courses of study, and his further duty to see that the teachers 
in all the various schools follow the course of study so prescribed; 
he shall also provide for the examination and graduation of pupils 
who satisfactorily complete the said course of study and shall issue 
diplomas thereto. 

EXAMINATION OF TEACHERS. 

Time and Place. 

Sec. 80. The general regulation, direction and control of all 
matters relating to the examination of applicants for teachers' cer- 
tificates, including the preparation of questions, the grading of 
manuscripts, the granting and the issuing of certificates, and all 
other powers necessary for the proper examination of applicants for 
teachers' certificates shall hereafter be vested in the state superin- 
tendent of free schools, who shall designate the time for holding 
such examination simultaneously in all the counties of the state, at 
such places and in such buildings as the county superintendent 
shall designate, subject to the approval of the state superintendent. 

Expenses. 

Sec. 81. For the preparation and printing of questions, the 
grading of manuscripts, the transmission of certificates and the 
additional clerical work demanded, the state superintendent of 
free schools shall be allowed an amount not to exceed seven thou- 
sand six hundred dollars annually, which sum is hereby appropriat- 
ed and set apart from the general school fund for this purpose. 



School Law of West Virginia. 43 

Branches in Which Examined. 

Sec. 82. Applicants for teachers' certificates shall be required 
to pass an examination in orthography, reading, penmanship, 
arithmetic, English grammar and language, physiology and hy- 
giene, United States history, state history, geography, civil gov- 
ernment, agriculture, and theory and art of teaching; and appli- 
cants for certificates good in the advanced grades of graded schools 
or in high schools shall in addition to the foregoing be required to 
pass examinations in general history and single-entry book-keeping. 
Applicants for high school and primary teachers' certificates shall 
pass an examination in such other branches as the state board of 
education may prescribe. Applicants having passed one examina- 
tion may take a part of the branches, not exceeding one-half, in a 
second or third examination of the same year, upon payment of 
one-half the regular fee and the state superintendent may at his 
discretion allow such applicant the benefit of his highest grade in 
each branch, in making up his certificate. 

Transmitting Questions and Manuscripts. 

Sec. 83. The state superintendent of free schools shall prepare 
and transmit questions for said examination to the county superin- 
tendent of each county, securely sealed, and the county superin- 
tendent shall break the seal and open the package of questions and 
seal all packages of manuscripts, in the presence of his assistant and 
the assembled applicants, and shall conduct such examination in 
the manner prescribed by the state superintendent. At the con- 
clusion of the examination, the county superintendent shall for- 
ward to the state superintendent, properly sealed, all man- 
uscripts submitted, in accordance with full instructions to be 
furnished by the state superintendent, together with such informa- 
tion, statements or affidavits as the state superintendent may re- 
quire. But no applicant known to be of immoral character, or to 
be addicted to drunkenness, or to be under the age of seventeen 
years at the time of the examination shall be admitted to said ex- 
amination. 

Grades of Certificates. 

Sec. 84. "Within a reasonable time after the receipt of the fore- 
going manuscripts, from the county superintendent, it shall be the 
duty of the state superintendent and his assistants who shall be 



44 School Law of West Virginia. 

actively engaged in school work, to examine and grade them, and to 
issue certificates in duplicate based thereon, which shall show the 
grade or proficiency of the applicant in each branch in which he is 
examined, which certificates shall be of three grades based upon the 
following scale : 

First grade certificates shall be issued to all applicants who attain 
a general average of ninety on a scale of one hundred, and not lower 
than seventy-five on any one branch ; second grade certificates shall 
be issued to all applicants who attain a general average of eighty, 
and not lower than sixty-eight on any one branch ; third grade cer- 
tificates shall be issued to all applicants who attain a general aver- 
age of seventy and not lower than sixty on any one branch. But no 
certificate shall be granted to an applicant until the state superin- 
tendent is satisfied as to the identity of that applicant. 

Certificates to be Signed. 

Sec. 85. All certificates so issued, shall be signed by the state 
superintendent and forwarded by him to the proper county superin- 
tendent who shall countersign them and deliver them to the persons 
entitled thereto. 

Where Valid — How Revoked ■ 

Sec. 86. Such certificates, unless revoked as provided for in this 
section, shall be valid in any district or independent district in the 
state except in independent districts specially authorized by law to 
provide for the examination and certification of the teachers em- 
ployed therein in which independent districts they may be made 
valid by the action of the board of education thereof. 

The state superintendent may after ten days' notice and upon 
proper evidence, revoke the certificate of any teacher for drunken- 
ness, untruthfulness, immorality, or for any physical, mental or 
moral defect which unfits a person for proper performance of his 
duties as a teacher, or for any neglect or refusal to perform his 
duties or for any other cause which would have justified the with- 
holding thereof when the same was granted. 

Duration- of Certificates. 

Sec. 87. First grade certificates shall be valid for a period of five 
years and shall be renewable once for a like period upon payment of 



School Law of West Virginia. 45 

a fee of two dollars ; provided, the holder thereof shall have taught 
successfully oue year thereon ; or has served as county superintend- 
ent of schools for any period of time while said certificate was in 
force ; second grade certificates shall be valid for a period of three 
years and third grade certificates for a period of one year, and such 
third grade certificates shall not be issued to the same applicant 
more than two years in succession : provided, that not more than 
one certificate of the same grade shall be issued to an applicant in a 
school year, but applicants taking more than one examination in the 
same year shall receive a statement showing what percentage they 
made in the different branches at each examination. The state sup- 
erintendent and each county superintendent shall keep a register of 
all certificates granted, stating the character and grade of each and 
the date of issue thereof, and the state superintendent and each 
county superintendent, upon vacating his office, shall turn over said 
register to his successor. 

Misdemeanor. 

Sec. 88. If any county superintendent or assistant intentionally 
violate any official instructions issued by the state superintendent 
for the conduct of examinations, he shall be guilty of a misdemean- 
or and upon conviction thereof shall be fined not less than twenty- 
five and not more than two hundred dollars and confined in jail 
not less than sixty days nor more than one year, and such convic- 
tion shall vacate his office. 

If any person intentionally break or attempt to break the seal of 
a package containing questions for an examination or have any 
of the questions in his possession without authority of law or in any 
way make any change, alterations, erasures or substitutions in the 
manuscripts during or after the examination or attempt to pass any 
such examination under an assumed name, give or receive help in 
an examination, he shall be guilty of a misdemeanor ana upon con- 
viction thereof be fined not to exceed fifty dollars and confined in 
jail not less than ten days. 

Report of Immorality or Neglect of Duty. 

Sec. 89. Any county superintendent who knows of any immoral- 
ity or neglect of duty on the part of any person holding a certificate 
shall report the same, together with all the facts and evidence to trie 
state superintendent for such action as in his judgment may be 
proper. 



16 School Law of West Virginia. 

Assistants. 

See. 90. The county superintendents shall conduct all examina- 
tions as directed by the state superintendent, but when in any ex- 
amination there are fewer than thirty applicants the county super- 
intendent shall appoint one assistant, and if more than thirty appli- 
cants, two assistants, who shall each receive six dollars for the two 
days spent in helping to conduct such examination. But nothing 
herein contained shall prevent the state superintendent from send- 
ing a competent person to oversee such examination if he deem it 
expedient. 

Fees — Expenses. 

Sec. 91. The county superintendent shall collect from each ap- 
plicant a fee of one dollar and fifty cents and out of the aggregate 
of all fees so collected he shall pay his assistants and other legitimate 
expenses of conducting such examination, and the remainder he 
shall immediately pay to the auditor of the state to be placed to 
the credit of the general school fund of the state. At the close of 
the examinations he shall make and return to the state superinten- 
dent of free schools a detailed and certified report of the names of 
all applicants for certificates, the amount of fees collected by him, 
the amount paid out as above provided for expenses, and the 
amount paid the auditor, and shall send with said report receipts 
for all money paid for expenses. 

Graduates. 

Sec. 92. The state superintendent of free schools shall issue 
first grade certificates in duplicate, upon application in due form, 
to graduates of the West Virginia University, who have taken at 
least six courses in education; to graduates of the Normal De- 
partment of the State Normal School and its branches; to gradu- 
ates of the Normal Departments in all other schools of the state, 
who have completed a normal course which in the judgment of 
the state board of education is equivalent in amount, kind, and 
quality to that of the State Normal School and it branches; and 
to graduates of the Normal Department of the West Virginia 
Colored Institute. 

Emergency Certificates. 
Sec. 92y 2 . Upon request of the county superintendent of schools 



School Law of West Virginia. 47 

of any county the state superintendent of schools may issue emer- 
gency certificates, under such regulations as shall be prescribed by 
the state board of education, to persons who were unable to take any 
of the regular examinations for reasons that shall be fully explain- 
ed under oath to the state superintendent of schools. For such 
emergency certificates a fee of one dollar and fifty cents shall be 
paid to the county superintendent of schools who shall deposit the 
same with the auditor to be credited to the general school fund. 
Such certificates shall not be issued more than once to the same 
person and shall be valid only in the county designated in the 
certificate and shall not be valid after June thirtieth following the 
issuance of the certificate. The grade of such certificates shall be 
determined by the state superintendent of schools and shall be in- 
dicated on the face of the certificate. 

Primary Teachers' Certificates. 

Sec. 93. In addition to the certificates above provided for there 
shall also be issued primary teachers' certificates which shall be 
valid throughout the state for teachers of the lowest grade in town 
or city schools having four or five teachers ; for teachers in the first 
and second grades of town or city schools having six or seven or 
eight teachers ; and for teachers in the first, second and third grades 
having more than eight teachers, and which shall be granted as 
herein provided for the regular certificates with the exception that 
the branches upon which applicants shall be examined during the 
year shall be selected and announced by the state superintendent of 
free schools at least sixty days before the examination held for said 
certificate, but no applicant may receive a primary teachers' certifi- 
cate until the said applicant has taught at least two years on a first 
or second grade certificate. 

High School Teachers ' Certificates. 

Sec. 94. High school teachers' certificates valid throughout the 
state and required for teachers in high schools shall be granted at 
the same time and under the same regulations as provided for grant- 
ing other certificates with the exception that the branches or sub- 
jects upon which applicants shall be examined shall be selected and 
published in the manner provided for examinations for primary 
teachers' certificates. Such certificates shall be renewed as other 
certificates except that the additional subjects for examination may 



48 School Law op West Virginia. 

he selected from a list of additional subjects prescribed by the 
committee on course of study. 

Grade of Certain Certificates. 

Sec. 95. In the payment of salaries and renewal of certificates 
primary teachers' certificates and high school certificates shall be 
considered as first grade certificates. 

State Certificates. 

Sec. 96. All certificates isued by the state board of examiners 
on or before the first day of May, nineteen hundred and eight, shall 
continue in full force and effect, and shall be deemed valid to the 
extent of time for which issued and on their expiration may be re- 
newed as provided for in section one hundred and thirty-two of 
this act. 

TEACHER'S AUTHORITY. 

Sec. 97. The teacher shall stand in the place of the parent and 
have control of all the children enrolled in his school from the time 
they arrive at the school grounds until they return to their respect- 
ive homes, and may exclude from his school any pupil having a con- 
tagious or infectious disease, and may suspend any pupil guilty of 
disorderly, refractory, indecent or immoral conduct. But the ac- 
tion of the teacher in suspending any pupil shall be subject to re- 
view by the trustees. The trustees may expel any pupil on com- 
plaint of the teacher or any person interested if on investigation 
the conduct of such pupil is found to be detrimental to the progress 
of the school. 

Teachers Exempt from Certain Duties. 

Sec. 97y 2 . No teacher in this state shall be required to serve on 
any jury nor to work on the roads while his school is in actual oper- 
ation. 

Register and Reports. 

Sec. 98. Every teacher shall keep a daily register and make 
monthly reports to the secretary of the board of education of his 
district. He shall also keep a term register in which shall be enter- 



School Law of West Virginia. 49 

ed the date of the commencement and termination of the term 
of school, the name and age of every pupil who attended the school 
during the said term, and the daily attendance, distinguishing 
between male and female, the branches taught and the number of 
pupils engaged each month in the study of each branch and such 
other particulars as are required by the forms and regulations pre- 
scribed by the state superintendent of free schools. 

Payment of Teachers. 

Sec. 99. When a teacher has taught according to his contract 
for one month he shall make out a monthly summary thereof and 
have it countersigned by the trustees setting forth that the school 
has been taught as therein reported, and deliver said summary to 
the secretary of the board of education who shall thereupon issue 
an order for the salary of such teacher for that month on the sheriff 
duly signed by the president and secretary payable out of the 
teachers' fund. But if the secretary be a teacher the order for 
his salary shall be signed by the president and one other member 
thereof. 

Term Register and Report of Enumeration. 

Sec. 100. At the close of the term the teacher shall return the 
term report to the secretary of the board of education who shall 
examine it and if found correct file it in his office and if the enumer- 
ation has been properly taken and reported as required in sections 
one hundred and one and one hundred and two he shall issue and 
deliver to such teacher an order for the balance due on his salary 
payable as hereinbefore provided. But unless such register be 
properly kept and returned the teacher shall not be entitled to the 
payment of the balance of his salary. 

ENUMERATION. 

Sec. 101. The teacher or teachers in each sub-district or inde- 
pendent district shall annually before the close of the school or 
schools, and not later than the first day of April, take and report an 
enumeration of all the youth residing in such sub-district or inde- 
pendent district, who will be of school age on the first day of July 
following, distinguishing between males and females, white and 
colored. 



50 School Law of West Virginia. 

• : Classes. 

Sec. 102. The enumeration shall be taken and reported in sepa- 
rate classes as follows : all youth between six and sixteen years of 
age; all youth between six and twenty-one years of age, and all 
youth between eight and fifteen years of age, and, in districts where 
kindergartens have been established by the board of education, all 
children between four and six years of age. The report of enu 
meration shall be verified by the affidavit of the person who made ii 
to the effect that he used all means in his power to make it; and 
that he believes it to be correct. He shall deliver such report to 
the secretary of the board of education with the term report of such 
school, or not later than the first day of April, and, unless such enu- 
meration be properly taken and reported by the teacher within the 
time required herein, the secretary shall deduct from the last 
month's salary of such teacher such amount as may be necessary to 
defray the expenses of taking said enumeration as hereinafter pro- 
vided for. 

Secretary to Have Enumeration Taken. 

Sec. 103. When such enumeration for any district or sub-dis- 
trict is not received by the secretary on or before the first day of 
April, it shall be his duty, without delay, to employ a competent 
person to take and report the same as aforesaid. The person tak- 
ing and reporting- such enumeration shall be paid a reasonable com- 
pensation by the board of education not to exceed two dollars per 
day, for the time necessarily consumed, by an order on the sheriff, 
out of the building fund of the district. 

Record of Enumeration. 

Sec. 104. The secretary of the board of education shall keep a 
record in his office of the enumeration of youth so taken, and shall 
annually on or before the fifteenth day of April, transmit a sum- 
mary of such enumeration to the county superintendent of his 
county, who, not later than the first day of May, shall forward to 
the state superintendent of free schools a summary by districts of 
the enumeration so taken and reported. 

INSTITUTES. 
Time. 
Sec. 105. As a means of improving the teachers and fitting them 



School Law of "West Virginia. 51 

for more effective service in the free schools of the state, teachers* 
county institutes shall be held annually throughout the state, one or 
more in each county at such places as a majority of the teachers of 
such county may designate by petition to the county superintend- 
ent, or by vote at the preceding teachers' institute, and at such 
time between the third week in July and the last week in October, as 
the state superintendent shall, with the advice of the county super 
intendent direct, and shall continue each for one week of five days. 

Attendance. 

Sec. 106. Every person employed as a teacher in the free schools 
of the state shall be required to attend a county institute for at least 
five days in the year in which he teaches unless excused therefrom 
for a good and sufficient reason by the county superintendent of the 
county in which he proposes to teach. For such attendance he shall 
receive pay at the rate of one dollar and fifty cents per day for not 
exceeding five days in any one year, such compensation to be paid 
out of the building fund of the district at the end of his term of 
school. It shall be the duty of the county superintendent to see 
that teachers who do not so attend institute are not allowed to 
teach during any year in which such failure occurs. 

Instructors. 

Sec. 107. The institute shall be conducted by experienced and 
skillful instructors appointed by the state superintendent of free 
schools, but it shall be a part of the duty of the county superin- 
tendent, under the instructions of the state superintendent to 
make all arrangements for the institutes and to assist in conduct 
ing them. 

Pay of Instructors. 

Sec. 108. The instructors appointed by the state superinten- 
ent shall each be paid for his services and expenses out of the 
general school fund on the order of the state superintendent, but 
in no case shall the amount so paid exceed one hundred dollars 
for any one institute. 

Enrollment Fee. 

Sec. 109. Every teacher enrolled in a county institute shall pay 
an institute fee of one dollar, seventy-five cents of which shall be 



52 School Law of West Virginia. 

remitted by the county superintendent to the auditor of the state 
to be paid into the state treasury to the credit of the general school 
fund, and the remainder may be used for incidental expenses and 
for the betterment of the institute, under the direction of the 
county superintendent, and an account of said expenses shall be 
read to and approved by the institute before the adjournment 
thereof, and any amount not expended shall be disposed of as the 
institute may direct. 

Fees Expended. 

Sec. 110. The county superintendent shall, at the close of the 
institute, forward to the state superintendent a certified list of all 
persons enrolled at the county institute, giving the exact time each 
was in attendance, and a certified statement of the receipts and ex- 
penditures together with the receipts for all money expanded. 

District Institutes. 

Sec. 111. As a further means of improvement among teachers 
the county superintendent shall arrange for and conduct district 
institutes, or teachers' round tables, one or more in each district of 
his county within the school year, and any teacher who shall at- 
tend his district institute for one school day shall have credit there- 
for, when reported by the county superintendent, in the month 
in which said institute is held, as if actually taught by him. 

Reading Circle. 

Sec. 112. Teachers shall be encouraged to form reading circles 
for the purpose of pursuing courses of study in the history of ed- 
ucation, school management, methods of teaching, educational psy- 
chology and kindred subjects, and it shall be the duty of the 
state superintendent to prescribe a graded course of study covering 
a period of two years, in the said subjects, to provide for examin- 
ing those who complete the said course and to issue certificates of 
proficiency to such persons as pass satisfactory examination there- 
on. 

COUNTY SUPERINTENDENT. 

Election. 
Sec. 113. A county superintendent of free schools shall be elect- 



School Law of West Virginia. 53 

ed in each county by the voters thereof, at the general election 
held on the Tuesday after the first Monday in November, nineteen 
hundred and ten, who shall be a resident of the county in whieh 
he is elected and whose term of office shall commence on the first 
day of July next after his election, and continue for four years 
and until his successor is elected and qualified according to law. 
The county superintendent of free schools shall immediately upon 
receiving the certificate of election from the canvassing board, or 
the county court, forward a written notice thereof to the state 
superintendent of free schools. 

Tie in Vote. 

Sec. 114. In case of a tie in the vote for a county superin- 
tendent of free schools, the presidents of the various district boards 
of education shall at a meeting called for that purpose, at the court 
house of the county, by the county superintendent of free schools, 
not less than six nor more than twelve days after the result of 
such election is ascertained, appoint one of the persons receiving 
the highest number of votes for said office at the said election as 
county superintendent of free schools who shall give notice as 
aforesaid to the state superintendent of his appointment. A no- 
tice of such meeting shall be made out by the county superintendent 
and served upon the president of each district board of education 
at least three days before the day of such meeting in the manner 
provided by law for the service of other process. 

Oath. 

Sec. 115. The county superintendent shall within sixty days 
after his election qualify before the county court of his county, 
or the clerk thereof in vacation, by taking the oath of office and ex- 
ecuting a bond with approved security in the penalty of one 
thousand dollars conditioned for the faithful performance of the 
duties of his office and for accounting for and paying over all 
money coming into his hands as such superintendent. And the 
said clerk shall, within five days after said qualification, certify to 
the state superintendent of fre'e schools the name and address of 
said county superintendent and the fact of his executing such bond. 

Vacancy. 
Sec. 116. A vacancy in the office of county superintendent shall 



54 School Law of West Virginia. 

be filled until the next general election by the presidents of the 
various district boards of education, at a meeting to be called for* 
that purpose by the clerk of the county court at the court house of 
the county, within thirty days after the vacancy occurs. 

Qualifications. 

Sec. 117. The county superintendent of free schools shall be 
a person of successful experience in teaching or supervising schools ; 
he shall hold a first grade certificate or its equivalent; provided, 
however, that nothing herein contained shall affect the eligibility 
of the present county superintendents or county superintendents 
elect. 

Salary. 

Sec. 118. The county superintendent shall receive for his ser- 
vices an annual compensation as follows: In counties having not 
more than fifty schools, seven hundred dollars; in counties having 
more than fifty schools and not more than seventy-five schools, 
seven hundred and seventy- five dollars; in counties having more 
than seventy-five schools and not more than one hundred schools, 
eight hundred and fifty dollars, and in counties having more 
than one hundred and not more than one hundred and twenty-five 
schools, nine hundred and twenty-five dollars, and in counties 
having more than one hundred and twenty-five schools he shall 
be allowed two dollars for each additional school more than one 
hundred and twenty-five. In addition thereto the county super- 
intendent shall be allowed the same compensation for conducting 
examinations as is allowed his assistants ; provided, that the salary 
in no case shall exceed fifteen hundred dollars; the county super- 
intendent shall not teach in any school, public or private, while 
the schools of his county are in session and should any county! 
superintendent engage in teaching public or private school he 
shall immediately thereupon forfeit his office and cease to be en- 
titled to any further remuneration. 

Deductions. 

Sec. 119. The. county superintendent shall report on oath to the 
state superintendent the number of schools he has visited during 
the year, in compliance with section one hundred and twenty-one 
of this chapter, and the state superintendent in paying the said 



School Law of West Virginia. 55 

county superintendent shall deduct two dollars from the salary of 
the county superintendent for each and every school in his county 
which the county superintendent did not visit up to one hundred 
and twenty-five schools, as provided in section one hundred and 
eighteen of this chapter. 

Payment — Report. 

Sec. 120. Such compensation shall be paid quarterly upon 
orders drawn by the county superintendent on the state superin- 
tendent of free schools who shall upon receiving the same issue a 
requisition upon the auditor therefor, payable to the said county 
superintendent, or to such person as he may direct. But the pay- 
ment of the fourth quarter shall not be made until the county su- 
perintendent has made the report to the state superintendent of 
free schools as required by section one hundred and twenty-three 
of this chapter and for every day after the first day of Septem- 
ber before the receipt of the reports the state superintendent shall 
deduct three dollars from the salary of the county superintendent 
unless said reports are delayed by failure to receive sheriff's set- 
tlements or reports from secretaries of boards of education. The 
salary of the county superintendent shall be paid out of the general 
school fund, and the amount thereof shall be deducted by the au- 
ditor from the amount next to be distributed to each county. 

Visit Schools. 

Sec. 121. The county superintendent shall visit each school 
within his county, not included in an independent district, at least 
once in each school year, at such time as he may deem necessary 
and proper, and acquaint himself with the character and condition 
of each school, noting any deficiencies in the government of the 
school, the classification of the pupils, and the methods of instruc- 
tion, and shall make such suggestions to the teacher, either orally 
or in writing, in private, as may seem necessary or advisable for the 
good of the school, and the progress of the pupils, and for carrying 
out the prescribed courses of study. 

Examine Buildings. 

Sec. 122. He shall examine the buildings and equipment, noting 
the character and condition thereof, and shall make such sugges- 



56 School Law op West Virginia. 

tions, relative thereto, to the trustees and the board of education, as 
may seem advisable. He shall report to the proper board 
of education all cases of incompetency or neglect of duty, 
and to the s>tate superintendent of schools all cases of incompetency, 
profanity, cruelty or immorality on the part of teachers, and all 
failures to carry out the prescribed courses of study. 

Reports. 

Sec. 123. The county superintendent shall receive and revise the 
reports made to him by the secretaries of the various boards of ed- 
ucation, and see that they are in proper form, and according to 
law; and when deficiencies or errors are found to exist he may re- 
turn them for correction. From these reports and such other au- 
thentic information as he may obtain he shall make a report to the 
state superintendent of free schools on or before the first day ot 
August annually or as soon thereafter as possible, setting forth 
in reference to each district of his county for the year ending on 
the preceding thirtieth day of June, the several particulars requir- 
ed in the blanks furnished by the state superintendent. 

STATE SUPERINTENDENT. 

Qualifications. 

Sec. 124. There shall be elected a state superintendent of free 
schools for the state, whose term of office shall be the same as that 
of the governor. He shall be a person of good moral character, of 
temperate habits, of literary acquirements and skill and experience 
in 'the art of teaching. He shall receive annually the sum of three 
thousand dollars in payment for his services to be paid monthly 
out of the general school fund upon the warrant of the auditor. 
If in the performance of any duty imposed upon him by the legis- 
lature, he shall incur any expense, he shall be reimbursed therefor; 
provided, the amount does not exceed five hundred dollars in any 
one year. 

Residence and Seal. 

See. 125. The state superintendent shall reside and keep his 
office at the seat of government. He shall provide a seal for his 
office and copies of his acts and decisions, and of papers kept in his 
office, authenticated by his signature and official seal shall be evi- 



School Law of West Virginia. 57 

idence equally with the original. He shall sign all requisitions on 
the auditor for payment of money out of the state treasury for 
school purposes, except as hereinafter provided. 

Duties. 

Sec. 126. The state superintendent shall be charged with the 
supervision of all county and city superintendents of free schools of 
the state, and shall see that the school system is carried into effect. 
He shall prescribe and cause to be prepared all forms and blanks 
necessary in the detail of the system so as to secure its uniform op- 
eration throughout the state, and shall cause the same to be for- 
warded to the several county superintendents, to be distributed to 
the persons entitled to them. He shall cause as many copies of this 
chapter and such forms, regulations and instructions to be pub- 
lished from time to time as he may deem necessary, and shall cause 
the same to be forwarded to the county superintendents, to be dis- 
tributed to the persons entitled to receive them. 

Report. 

Sec. 127. The state superintendent shall on or before the first 
day of January preceding the session of the legislature, make a re- 
port to the governor, to be by him transmitted to the next regular 
session of the legislature, in regard to the condition of free schools 
within the state, embracing all statistics compiled from the reports 
of the county superintendents and such other authentic information 
as he can procure, which will be necessary to give the proper exhibit 
of the working of the system together with such plans as he may 
have matured for the better and more perfect organization and effi- 
ciency of the free schools, and all such other matters as he may 
deem it expedient to communicate. 

Interpretation of Law. 

Sec. 128. At the request in writing of any teacher, school officer 
or county officer the state superintendent shall give his interpreta- 
tion of the meaning of any part of the school law and such interpre- 
tation shall have the force and effect of law until overruled by a cir- 
cuit court or the supreme court. 



58 School Law of West Virginia. 

Books for School Libraries. 

Sec. 129. It shall be the duty of the state superintendent to 
prepare and publish a list of books suitable for school libraries with 
the order in which they should be provided and to recommend the 
proper editions thereof. 

STATE BOARD OF EDUCATION. 

Sec. 130. There is hereby constituted a state board of education 
composed of the state superintendent of free schools, and five other 
persons engaged in educational work, appointed by him, one from 
each congressional district and not more than three from the same 
political party. The said board shall be appointed on or before 
the first day of June, nineteen hundred and eight, one member for 
one year, one for two years, one for three years, one for four years 
and one for five years, and thereafter one each year who shall serve 
for a period of five years. The said board shall as soon as possible 
after their term begins, meet at the call of the chairman and at such 
times thereafter as four members may determine. 

Course of Study — Compensation. 

Sec. 131. The state board of education shall perform the duties 
heretofore performed by the state board of examiners as herein pro- 
vided, and in addition thereto, they shall constitute a committee on 
course of study and as such committee, shall prescribe a course of 
study for the public schools of the state, including the district 
schools, the primary, the graded, and the intermediate and the high 
schools, and define the relations that each shall bear to the others; 
they shall also prescribe and publish the branches in which appli- 
cants for primary teachers' and high school teachers' certificates 
shall be examined. And at the request of the state superintendent 
they may assist in the preparation of questions for the several 
examinations provided for by law. For such services the members 
of this body, except the state superintendent, shall receive five dol- 
lars per day and their actual expenses, payable out of the general 
school fund on the order of the state superintendent of free schools : 
but no member shall receive per diem for more than twenty days 
each year for his services in prescribing the courses of study and in 
preparing questions as herein provided. 



School Law of West Virginia. 59 

The State Professional Certificate. 

Sec. 131 y 2 . The board thus constituted shall hold at least one 
examination each year in each congressional district of the state for 
the purpose of granting the state professional certificates herein 
provided for, and for this purpose any three of said members shall 
constitute a quorum. They may issue two classes of certificates to 
such as are found to possess the requisite scholarship and who ex- 
hibit satisfactory evidence of good moral character and of profes- 
sional experience and ability as follows : First class certificates for 
twelve years; second class for six years. Any person holding a 
certificate of the first class, who shall have taught for eight years 
of said twelve years shall be entitled without examination, to have 
the same renewed at the expiration of the said twelve years for a 
period of twelve years. The second class certificate shall be issued 
to applicants of satisfactory attainments, upon examination in the 
branches required for certificates under the uniform system, and 
in addition, not fewer than four other branches to be determined 
by the board. 

Graduates. 

Sec. 132. The second class certificates shall also be issued upon 
application, without examination, to the graduates of the West Vir- 
ginia University, of the State Normal School of West Virginia and 
its branches, and of other schools of this state whose grade of work 
is equal in all respects, in the judgment of the board to the state 
normal school and its branches and whose graduates shall have pre- 
sented to the board satisfactory evidence that they have taught suc- 
cessfully three years in the state under a number one uniform 
certificate, one of which said three years shall immediately precede 
the application for such certificate. Teachers who shall present to 
the board satisfactory evidence that they have taught successfully 
four years under a second class certificate, shall be entitled to re- 
ceive, without examination, a first class certificate at the expiration 
of the second class. 

Recognition of Certificates and Diplomas from Other States. 

Sec. 133. The state board of education may also issue certificates 
to teachers coming from other states, when such teachers hold cer- 
tificates or diplomas of equal value with those issued under this 



60 School Law of West Virginia. 

act : provided, the states which issued such certificates likewise rec- 
ognize those issued in this state. 

The board shall keep a record of its proceedings, showing the 
number, date and duration of each certificate, to whom granted and 
for what branches of study, and shall report such statistics to the 
state superintendent annually on or before the thirtieth day of Sep- 
tember. 

Certificates Countersigned. 

Sec. 134. All certificates issued by such board shall be counter- 
signed by the state superintendent of free schools; and such state 
professional certificates shall supersede any and all other examina- 
tions of the persons holding them, by any board of examiners, and 
shall be equivalent to a first grade certificate granted under the uni- 
form examination system and shall be valid in any school district 
in the state, unless revoked by the state board for good cause. Each 
applicant for a certificate shall pay the state board of education a 
fee of five dollars. And, provided, further, that all state certificates 
issued prior to the passage of this act shall be renewed and subject 
to the same provisions as the certificates under this act. 

Compensation. 

Sec. 135. The state board of education shall each receive a com- 
pensation of five dollars per day actually and necessarily spent in 
conducting the examinations, and for one day to be spent in consul- 
tation and in preparing for their duties and two cents per mile for 
each mile necessarily traveled in going to and returning from the 
place of examination. This compensation shall be paid out of the 
fees received from the teachers examined, and shall in no case exceed 
the amount so received. 

Report. 

Sec. 136. Said board shall, at the end of each school year, make 
and return to the state superintendent of free schools, a detailed 
and certified account of the names of all the applicants for examina- 
tion, the amount of fees received, the amount paid out to the mem- 
bers of the board, and the balance, if any, shall be paid over to the 
treasurer of the state, to be placed to the credit of the distributable 
school fund. 



School Law of West Virginia. 61 

SHERIFF. 

Bond. 

Sec. 137. The sheriff of the county shall receive, collect and dis- 
burse all school money for the county and the several districts and 
independent districts therein. But before receiving or collecting 
any such school money he shall give in addition to his bond as col- 
lector of the state and county taxes, a bond with approved security 
in a penalty double the amount of school money which will prob- 
ably come into his hands for school purposes during any one year 
of his term of office. 

Pay Orders. 

Sec. 138. He shall keep accounts with the boards of education 
of the various districts and independent districts of the money be- 
longing to the teachers' fund, the building fund, or such other fund 
as there may be and shall credit every receipt and charge every dis- 
bursement to the fund to which it belongs. He shall pay out no 
money except upon orders signed by the president and secretary or 
by the president and one other member as prescribed in section 
ninety-nine of the respective boards specifying the amount to be 
paid and the fund to which it is to be charged, or upon an order 
of the county superintendent as provided in section thirty-three 
and section fifty-two of this chapter. 

Annual Settlement with the Board of Education. 

Sec. 139. He shall on or immediately before the first day of July 
in each year settle with the board of education of each district and 
independent district, at which settlement at least a quorum of the 
board shall be present. In this settlement he shall be charged 
with the amount of taxes and of general school fund apportioned to 
the district or independent district by the county superintend- 
ent and the amount of taxes levied by the board of education upon 
the property of the district or independent district for the teachers' 
fund, and for the building fund and for any other money received 
by him during the current year on account of the free schools of 
such district or independent district ; and he shall be credited with 
the amount of delinquent school tax in such district or independent 
district that has been duly certified by the clerk of the county 
court to such board of education. 



62 School Law of "West Virginia. 

Payments in Excess. 

Sec. 140. He shall be credited in such settlements with all or- 
ders paid and produced by him, if found to be correct by the board 
of education, and he shall receive no other credits except his com- 
mission as hereinafter provided. If any sheriff shall pay out in 
any one year more money on account of the teachers' fund or of the 
building fund than shall have been levied and could have been col- 
lected by him during said year together with the amount remain- 
ing in his hands from any preceding year he shall in such settlement 
receive no credits for such excess. 

Method of Settlement. 

Sec. 141. In making said settlement it shall be the duty of the 
sheriff to prepare and present to the said board of education in 
duplicate separate lists of all the credits claimed by him against 
each of the several school funds collected by him showing the 
amount, date and number of each voucher or order, and to whom 
payable, together with the statement of the proper debits to the 
several funds to which he is chargeable ; which lists and statements 
together with the vouchers claimed as credits by the sheriff shall 
be endorsed by the secretary of the board on the back of each with 
the words, "Settled by board of education," under which the sec- 
retary shall sign his name and enter the date of the settlement ; and 
said statements and lists as corrected shall be signed by said sheriff 
and by the president and secretary of the said board of education 
in duplicate, one copy to be retained by said board and the other, 
together with the vouchers and orders shall be turned over to the 
sheriff who shall as soon as may be deliver them to the clerk of 
the county court, and the same shall serve as a basis for the set- 
tlement required by section seven of article twelve of the constitu- 
tion, and section one hundred and forty-two of this chapter. 

Settlement with County Court. 

Sec. 142. In addition to the settlements required by the sheriff 
with each board of education, every sheriff shall also make annual 
settlements by districts with the county court of his county at the 
next term after the first day of July in each year, showing an item- 
ized statement of all money disbursed for the preceding year on 
account of the teachers' and building funds in his hands, showing 



School Law op West Virginia. 63 

the amount, date and number of each credit voucher and to whom 
payable, and the balance due each district and independent dis 
trict on each of said funds; which settlement shall be made a 
matter of record by the clerk of said court in a book kept for that 
purpose. 

Corrections in Settlement. 

Sec. 143. But the settlements made by the sheriff with the 
several school districts of the county as provided in section one 
hundred and thirty-nine, when found correct and properly signed 
and turned over to the clerk of said court as required by section 
one hundred and forty-one, may be taken and treated as the settle- 
ments required to be made and recorded by section one hundred 
and forty-two: provided, hoivever, that the prosecuting attorney 
or any taxpayer of the county may appear before said court for 
the purpose of making corrections in said report, and said court 
may hear said objections, after reasonable notice to the sheriff and 
board of education and make such corrections as may be proper, 
and when corrected said settlements shall be recorded; and said 
settlement and vouchers turned over to the clerk of said court 
shall be filed by said clerk by districts. 

Commissions. 

Sec. 144. The sheriff shall receive such commissions as are now 
or may hereafter be provided for by law. 

Failure to Account for or to Pay Orders. 

Sec. 145; If he shall fail to account for and pay over as required 
by law any money which may come into his. hands or for which ho 
is liable, judgment may be rendered therefor against him and his 
sureties with interest and ten per cent, damages; and upon the 
failure of such sheriff to pay any proper order issued by the said 
board of education the person entitled to receive the sum of money 
specified in such order may require the sheriff to endorse thereon 
or write across the face thereof the words " presented for payment" 
with the proper date and sign the same, and judgment upon motion 
after at least ten days' notice, may be obtained against the sheriff 
before any justice of his county or before the circuit court thereof, 
with interest from the time said order was presented and ten per 
cent, damages. But a sheriff shall not be required to endorse any 



64 School Law of West Virginia. 

school order nor shall suit be brought on any such school order 
prior to the first day of November of the current school year. 

Failure to Settle. 

Sec. 146. If any sheriff fail to make the settlement required by 
section one hundred and forty-two at the time required, without 
reasonable cause therefor, he shall forfeit fifty dollars to the 
teachers' fund, and a like amount for each subsequent term oi : 
court that shall pass without such settlement. And the sheriff 
shall moreover be charged in said settlement with twelve per cent, 
interest on all school money in his hands for the time he is in 
default in making the said settlement. 

Action Against. 

Sec. 147. If the sheriff fail to make the said settlement at the 
time required it shall be the duty of the prosecuting attorney to 
proceed by action against him and his sureties in the circuit courc 
to recover the fine imposed upon him by section one hundred and 
forty-six. 

Failure of Board of Education to Settle. 

Sec. 148. If any board of education fail to make the settlement 
required by section one hundred and thirty-nine of this chapter, 
with the sheriff, when requested by him to do so, each member of 
such board so failing or refusing shall be guilty of a misdemeanor 
and upon conviction thereof be fined twenty dollars for the benefit 
of the building fund of the district. 

Turn Over Balance. 

Sec. 149. And the retiring sheriff shall within sixty days after 
he shall have made his final settlement in the manner herein pro- 
vided, pay and turn over to his successors in office such balance 
as may be shown due from him by said settlement, upon proper 
orders of the various boards of education. 

Mandamus. 
Sec. 150. If any order of the board of education upon the 



School Law of West Virginia. 65 

sheriff of the county or judgment or decree for a sum of money 
against the said board be presented to such sheriff without ob- 
taining payment, payment thereof may be enforced by the circuit 
court by mandamus or an order for specific levy on the property 
taxable in the district. 

Auditor. 

Sec. 151. The auditor shall annually before the first day of 
September, deliver to the governor and the state superintendent 
of free schools each a report made up to the first day of July nevt 
preceding, of the condition of "the school fund," with an abstract 
of the accounts thereof in his office, which report the governor 
shall lay before the legislature at its regular session. 

The School Fund — Board of. 

Sec. 152. All such sums as have accrued to this state from the 
several sources enumerated in the fourth section of the twelfth 
article of the constitution, not in excess of one million dollars, 
shall be set apart as a separate fund to be called "the school fund" 
and the governor, state superintendent of free schools, auditor and 
treasurer shall be a corporation under the name of "The board of 
the school fund," and shall have the management, control and 
investment of said fund, as provided by the fourth section of the 
twelfth article of the constitution. The governor shall be president 
of the board, and in his absence the board shall choose one of their 
number to preside temporarily in his place. The auditor shall 
be the secretary of the board and all meetings of the board shall 
be held in his office.' A record shall be kept of all the proceedings 
and be signed by the president and secretary, and a copy thereof, 
certified by the secretary of the board shall be evidence in all 
cases in which the original would be. A majority of the board 
shall constitute a quorum for the transaction of business. 

Meeting of Board. 

Sec. 153. A meeting of the board of the school fund may he 
held at any time upon the call of any member thereof: provided, 
notice be given to all members who may be at the seat of govern- 
ment. 



66 School Law of West Virginia. 

Collection. 

Sec. 154. All the money due and payable into the treasury to 
the credit of "the school fund" shall be recovered with interest 
by action or motion in the name of said board, before any court 
having jurisdiction, and the attorney general shall institute ana 
prosecute such action or motion when so directed by the board. 

Agents to Collect. 

Sec. 155. The board may appoint agents for the collection of 
debts or claims, and authorize them to secure payment thereof, and 
to protect the interest of the school fund, on such terms as it may 
approve. They shall take bond from said agents, if any money is 
to come into their hands ; and any agent selling lands, when direct- 
ed to do so by the board, shall execute a deed with the resolution 
giving such directions thereto annexed, conveying to the purchaser 
by special warranty. Said agent may be allowed by the board a 
compensation not exceeding in any case five per cent, on the money 
paid into the treasury. 

No School Teacher or Officer to Act as Agent — Penalty. 

Sec. 156. No school officer or teacher of any free school shall 
act as agent for any author, publisher, bookseller, or other person 
to introduce or recommend the use of any book, apparatus, furni- 
ture, or other articles whatever, in any free school of this state, 
or directly or indirectly contract for or receive any gifts or reward 
for so introducing or recommending the same, nor shall any such 
school officer or teacher be otherwise interested in the sale, pro- 
ceeds or profits of any book or other things used, or to be used in 
said schools: provided; that nothing herein shall be construed to 
apply to any book written, or thing invented by such person. 

Misdemeanor. 

Sec. 157. Any person violating the provisions of section one 
hundred and fifty-six shall be guilty of a misdemeanor, and upon 
conviction thereof be fined not less than fifty nor more than one 
hundred dollars. 



School Law of West Virginia. 67 

No School Officer to be Interested in Contract. 

Sec. 158. No county superintendent, member of a board of 
education, or trustee of any sub-district, shall directly or indirectly 
be or become personally interested in any contract for building 
or repairing school houses in his district, or be or become directly 
or indirectly, pecuniarily interested in the proceeds of any con- 
tract in the award or letting of which, he may have any voice 
or control ; any county superintendent, member of such board, or 
any trustee, violating this section, shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined not less than fifty and 
not more than one hundred dollars. 

Penalty not Otherwise Provided. 

Sec. 159. If any officer or teacher, fail to perform any duty 
required of him by this chapter or violate any provision thereof 
and there is no other fine or punishment imposed therefor, .by law, 
he shall be fined not less than three, nor more than ten dollars, 
for every such offence, to be recovered before a justice of the peace 
of the county; and such fine shall not impair or effect his liability 
for damages to any person injured, nor the liability of himself 
and his sureties on his official bond. If the board of education of 
any district or independent school district, fail to perform any 
duty required, each member of such board shall be liable to the 
full penalty imposed by this section, unless he show that he was 
not guilty of any neglect or default in the premises. 

Special Elections. 

Sec. 160. Whenever any special election is to be held under the 
provisions of this chapter, the time, place and manner of holding 
and conducting the same, and the manner of certifying the result 
thereof shall be first fixed and determined by the board ordering 
the same to be held, and shall conform as nearly as practicable 
under all the circumstances to the law now in force as to general 
elections. 

Definitions. 

Sec. 161. The words used in this chapter and in any proceedings 
pursuant thereto, shall, unless the context clearly indicates a differ- 
ent meaning, be construed as follows: (1) " School" shall mean 



68 School Law of West Virginia. 

the pupils and teacher or teachers assembled in one room. (2)' 
"Primary school" shall mean a school graded according to the 
scheme formulated by the common course of study and devoted 
exclusively to instruction in a part or all of the work prescribed 
for the primary grades. (3) "Grammar" or "Intermediate 
school ' ' shall mean a school graded according to the scheme formu- 
lated by the committee on course of study and devoted exclusively 
to instruction in a part or all of the work prescribed for the gram- 
mar grades. (4) "High school" shall mean a school or schools 
graded according to the scheme formulated by the committee on 
course of study and devoted exclusively to instruction in all of the 
work prescribed for the high school grades. (5) "Graded school" 
shall mean a school of two or more rooms, graded according to the 
scheme formulated by the committee on course of study in which 
a part of the work is done in one room and more advanced work in 
the next room, there being a regular gradation in the work from 
one room through all the rooms from the lowest or most elementary 
to the highest. (6) "Holiday" shall mean the first day of Janu- 
ary, the twenty-second day of February, the thirtieth day of May, 
the fourth day of July, the first Monday in September, the twenty- 
fifth day of December, a day on which an election is held through- 
out the state, and a day appointed by the governor of the state for 
a public fast or thanksgiving. (7) "Apparatus" shall mean maps, 
charts, globes, arithmetical blocks, rules, pointers, dictionaries and 
atlases. (8) "District" shall not mean independent district. 

Flags Displayed. 

Sec. 162. The board of education may out of the building fund 
purchase United States flags four by six feet, of regulation bunt- 
ing, for school houses in their district, and require the same to be 
displayed over such school houses during the time the school is 

in session. 

District Supervision. 

Sec. 163. The board of education of any district may, and upon 
the application in writing of a majority of the taxpayers of the 
district shall provide for district supervision of all the county, 
village and town schools in the district and establish rules and 
regulations necessary thereto. To this end they shall, if so re- 
quested, employ a competent teacher, holding a first grade certifi- 
cate who shall devote his time during the school term to the thor- 



School Law of West Virginia. 69 

ough, careful and profitable supervision of such schools and as 
such district superintendent shall have and exercise all the powers, 
duties, and privileges usually conferred upon city superintendents. 
But nothing contained herein shall prevent such boards of educa- 
tion from employing and authorizing the principal of any graded 
school in the district to perform the duties of a district superin- 
tendent in addition to his duties as such principal : provided that 
he shall devote at least half of the time to such superintendence. 

The district superintendent shall receive such salary as the 
board of education may determine, to be paid out of the teachers' 
fund of the district as provided in the case of teachers. 

District superintendents shall make such reports as may be 
required by the state superintendent of free schools. 

Board may Take Charge. 

Sec. 164. The board of education may take charge of schools so 
supervised and appoint the teachers therefor and may provide 
that all the schools in the district shall begin on the same date. 

Text Books. 

Sec. 165. All the provisions of law now in force and effect 
for the adoption of text-books shall continue operative until 
changed by law. 

THE WEST VIRGINIA UNIVERSITY. 

Location. 

Sec. 166. The West Virginia University shall hereafter remain 
where now located and shall continue to be known as the West 
Virginia University. 

Regents. 

Sec. 167. The government and control of the said university 
shall continue, as now, to be vested in a board of regents, con- 
sisting of nine persons to be called "The regents of the West 
Virginia University," not more than six of whom may belong to 
the same political party. The regents now in office shall serve 
for the term for which they were appointed, and on or before the 
fifteenth day of March, nineteen hundred and nine, or as soon 



70 School Law of West Virginia. 

thereafter as convenient, the governor shall appoint five of said 
regents whose term shall begin on the first day of May following: 
and likewise, on or before the fifteenth day of March, nineteen 
hundred and eleven, he shall appoint four regents whose term 
shall begin on the first of May following. The two classes of 
regents thus appointed shall serve for four years and until their 
successors are appointed and qualified, and thereafter the term 
shall be for a like period of four years. A vacancy occurring in 
the board shall be filled by appointment by the governor for the 
unexpired term. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all state institu- 
tions. See Appendix A. 

Corporation — Title to Property. 

Sec. 168. The regents shall be a corporation by the name of 
"The Regents of the West Virginia University," and as such 
may sue and be sued, plead and be impleaded, contract and be 
contracted with, and shall succeed and be substituted to all the 
rights heretofore held by the" regents of the West Virginia Univer- 
sity, and be vested with the title to all the real estate now owned 
by the said institution, and shall receive, hold, and dispose of, 
according to law and the intent of the instrument conveying title, 
any gift, grant, devise, or bequest, made for the use of the said 
institution. 

Quorum. 

*Sec. 169. A majority of said regents shall constitute a quorum, 
but no contract for the construction or the permanent alteration 
of buildings shall be made,, no professors, instructors, or officers 
employed. or removed from office or their salaries changed, and no 
rule or regulation adopted by a majority of the regents shall be 
amended or repealed, except by the affirmative vote of at least a 
majority of said regents. 

Rules and Regulations. 

*Sec. 170. The regents shall adopt rules and regulations for the 
organization and government of the university and elect a presi- 
dent and the requisite number of professors, instructors, officers 
and employees and fix the salary and term of office of each. 



''See Appendix A. 



School Law of West Virginia. 71 

Officers. 

*Sec. 171. They shall appoint a superintendent of buildings and 
grounds for the university and a secretary and treasurer for the 
said regents, taking from the said treasurer a bond with ample 
security in double the amount of money that will probably come 
into his hands at any time. 

Departments. 

*Sec. 172. The regents shall establish and maintain in the univer- 
sity, in addition to the preparatory department, such colleges, 
schools, departments, divisions, chairs, and courses of study as 
may be expedient and possible, and shall prescribe the conditions 
for graduation therein and confer the proper degrees, and the 
diploma issued upon graduation to any student who has taken 
at least six courses in the department of education in said institu- 
tion shall be equivalent in all respects to and shall entitle the 
holder thereof upon application in due form to the state superin- 
tendent to a first grade certificate in duplicate. 

Cadets. 

Sec. 173. Besides prescribing the general terms upon which 
students may be admitted to the university, the regents may admit, 
as regular students therein, not more than two hundred and twenty- 
five cadets in the military department. Each member of the 
senate shall be entitled to appoint one cadet from his district, on 
or before the first day of June in the second year of his term, 
and one cadet on or before the first day of June in the fourth 
year of his term. Each member of the house of delegates shall 
be entitled to appoint one cadet from his county on or before the 
first day of June next preceding the end of his term. In case 
a cadetship filled by appointment by any member of the legislature 
shall become vacant, the member making the appointment, or his 
successor, shall fill the same by a new appointment within the limits 
of time aforesaid. But no senator or delegate shall appoint any 
cadet until he receives a certificate from the president of the uni- 
versity, or the commandant of cadets, giving him notice of his 
right to do so ; and he shall not have the right to exercise such 
power of appointment so long as two cadets are accredited to 



^ee Appdidix A. 



72 School Law of West Virginia. 

him and his predecessor, either by original appointment or by re- 
enlistment. All other cadets necessary to make up the full com- 
plement of the corps, shall be appointed by the regents, including 
vacancies, if any, caused by the failure of any member of the 
legislature to make his appointment. Cadets shall not be under 
sixteen years of age and shall not be over twenty-two years of age. 
Their appointment shall be made upon undoubted evidence of 
good moral character and sound physical condition. Their term 
of service shall be two years, but any cadet, at the expiration of 
his term shall be entitled to re-enlist for the further term of two 
years, upon giving notice of his intention to the commandant of 
cadets at least thirty days before the expiration of such term. 
But not more than fifteen cadets shall be appointed from any 
senatorial district, and not more than eight from one county. 

Free Tuition. 

Sec. 174. The cadets admitted under the provisions of the pre- 
ceding section shall be entitled to all the privileges, immunities, 
educational advantages and benefits of the university, free of 
charge for admission, tuition, books and stationery, and shall con- 
stitute the public guard of the university, and of the public 
property belonging thereto, and of the ordnance and ordnance 
stores, and camps and garrison equipage, of which a sufficient 
supply shall be kept in the arsenal belonging to the institution, 
and shall be individually and collectively responsible for the 
preservation and safe-keeping of all arms and camp equipage be- 
longing to said institution. 

Endowment. 

*Sec. 175. The regents shall invest the funds derived from the 
sale of United States land warrants, donated to the state for 
endowing an agricultural college, in such securities as may be 
prescribed by act of congress. 

State Treasurer to Receive Grant. 

*Sec. 176. For the use and purposes of the West Virginia Uni- 
versity there is hereby set apart the sum of twenty thousand dol- 
lars out of the annual appropriation made by the act of congress, 



''See Appendix A. 



School Law of West Virginia. 73 

approved August thirtieth, eighteen hundred and ninety, and the 
treasurer of this state is hereby designated as the proper officer 
to receive from the secretary of the treasury of' the United States 
the said sum of money to be paid this state under said act of congress. 
He shall keep an exact account of the money so received and shall 
place it to the credit of the West Virginia University to be paid 
on the order of the board of regents. And said treasurer shail 
include in his biennial report to the governor the statement of his 
receipts and disbursements under this provision. 

STATE NORMAL SCHOOL. 

Marshall College. 

Sec. 177. The "West Virginia State Normal School," estab- 
lished under and by virtue of an act passed February twenty- 
seventh, one thousand, eight, hundred and sixty-seven, entitled "An 
act for the establishment of a state normal school," shall be and 
remain at Marshall College, in the county of Cabell, as provided 
in said act, and all the provisions of said act, and all other acts 
in relation thereto, shall be and remain in full force, except so 
far as the same may be altered by this chapter. 

Regents. 

*See. 178. For the government and control of said school and its 
branches, there shall be a board of regents, consisting of the state 
superintendent of free schools, together with six other persons, to 
be appointed, by the governor, as. hereinafter provided, who shall 
be called the "Regents of the State Normal School," and as such 
may have a common seal, sue and be sued, plead and be impleaded, 
contract and be contracted with, and take, hold and possess real 
and personal estate for the use of said school. The transfer and 
conveyance by the board of supervisors of Cabell county, of lands 
and building of Marshall College and of the real estate heretofore 
conveyed by the Central Land Company of West Virginia to the 
regents of said school heretofore appointed, is hereby accepted, 
confirmed and legalized. But in case the said school should at 
any time hereafter be removed from the said Marshall College, 
the said property so conveyed shall revert to and be vested in 
the county court for the use of the said county of Cabell. 

The regents now in office shall serve for the term for which they 



*See Appendix A. 



74 School Law of West Virginia. 

were appointed and between the fifteenth day of March and the 
fifteenth day of April, nineteen hundred and nine, the governor 
shall appoint three regents whose term shall begin on the first day 
of June following ; likewise, there shall be appointed between the 
fifteenth day of March and the fifteenth day of April, nineteen 
hundred and eleven, three regents whose term shall begin on the 
first day of June following. Not more than two regents of each 
of said two classes shall belong to the same political party and all 
the regents so appointed shall serve for four years and until their 
successors are appointed and qualified. A vacancy occurring in 
the board shall be filled by appointment by the governor for the 
unexpired term. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all of the state 
mstitutions. See Appendix A. 

Government Control — Diploma. 

Sec. 179. The said school shall be under the general supervision 
and control of the said regents. They shall have full power and 
authority to adopt and establish such by-laws, rules and regulations 
for its government as they may deem necessary and proper, to 
effect the object of its establishment, not inconsistent with the 
laws of this state. They shall fix the number and compensation 
of the teachers, and others to be employed therein, and appoint 
and remove the same ; prescribe the preliminary examination of 
pupils, and the terms and conditions on which they shall be re- 
ceived and instructed in said school : provided, that all pupils 
admitted free of tuition to any one school, shall not exceed in num- 
ber the whole number apportioned to such county for admission 
to all normal schools of this state ; the branches of learning to be 
taught in each department thereof, and shall determine the num- 
ber of pupils to be received in the normal department of said 
school from each county or judicial circuit of this state, conform- 
ing as nearly' as possible to the ratio of population therein, and 
the mode of selecting them. The pupils admitted into the normal 
department of said school shall be admitted to all the privileges 
thereof, free from all charges of tuition, or for use of books or 
apparatus ; that every such pupil shall pay for all books lost by 
him or damage done by him to such books or apparatus ; and any 
pupil in said school may be dismissed therefrom by said regents 
or by the executive committee, subject to the approval of the 
regents, for immoral or disorderly conduct, or for neglect or 



School Law of West Virginia. 75 

inability to perform his duty. The state superintendent of free 
schools shall prepare suitable diplomas to be granted to the stu- 
dents of the normal department of said school who have com- 
pleted the course of study and discipline prescribed by said regents, 
which diploma hereafter issued shall be equivalent in all respects 
to a first grade certificate for a period of five years. The said 
regents may establish a pay department in said school whenever 
the accommodations thereof will admit of the same, and may admit 
into such department so many paying students as can be accommo- 
dated therein from this or any other state, whether they desire to 
become teachers of schools or not. 

They may cause to be taught in the said department of said 
school, all or any of the branches of learning usually taught in 
colleges and seminaries, and for that purpose may establish therein 
the necessary professorships. 

They may also make all necessary rules and regulations for the 
government of said department and prescribe the tuition and the 
terms of admission therein. The said school shall continue to be 
called and known by the name of "Marshall College." 

Executive Committee. 

• 

*Sec. 180. The said regents shall appoint three intelligent and 
discreet persons, residents of the county of Cabell, who shall con- 
stitute an executive committee for the care and immediate manage- 
ment and control of said school, subject to the rules and regulations 
prescribed by the regents. Said committee shall (subject to the 
control of the said regents), designate the person to take charge 
of the boarding department of said school, and fix the price to be 
paid for board therein. They shall from time to time make full 
and detailed reports to said regents of the conditions, working and 
prospects of said school, and shall perform such other duties in 
relation thereto as the said regents may from time to time pre- 
scribe. 

Fairmont Branch. 

Sec. 181. The branch of the state normal school established at 
Fairmont, under and in pursuance of the act passed March fourth, 
one thousand eight hundred and sixty-eight, entitled, "An act 
providing for the purchase of the West Virginia Normal School at 
Fairmont," shall be and remain at that place, and all provisions 



*See Appendix A. 



76 School Law of West Virginia. 

of said act shall remain in full force, except so far as the same 
may be altered by this chapter. Said school shall be under the 
jurisdiction and control of the regents of the state normal school, 
in the same manner and to the same extent as the state normal 
school at Marshall College. 

West Liberty Branch. 

Sec. 182. The branch of the State Normal School established at 
West Liberty, under and in pursuance of the act passed March 
first, one thousand eight hundred and seventy, entitled, "An act 
to establish a branch normal school at West Liberty, in Ohio 
county," shall be and remain at that place, and all provisions of 
said act shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under the juris- 
diction and control of the regents of the state normal school, in 
the same manner and to the same extent as the state normal school 
at Marshall College. 

Glenville Branch. 

Sec. 183. The branch of the State Normal School established 
at Glenville under and in pursuance of the act passed the nine- 
teenth day of February, one thousand eight hundred and seventy- 
two, entitled, ' ' An act to establish a branch normal school at Glen- 
ville, Gilmer county," shall be and remain at that place, and all 
the provisions of said act shall remain in full force except so far 
as the same may be altered by this chapter. Said school shall be 
under the jurisdiction and control of the regents of the state 
normal school in the same manner and to the same extent as the 
state normal school at Marshall College. 

Shepherdstown Branch. 

Sec. 184. The branch of the State Normal School established at 
Shepherdstown, under and in pursuance of the act passed and 
approved February fourteenth, one thousand eight hundred and 
seventy-two, entitled, "An act to establish a branch normal school 
at Shepherdstown, in the county of Jefferson, ' ' shall be and remain 
at that place and all the provisions of said act shall remain in full 
force except so far as the .same may be altered by this chapter. 
Said school shall be under the jurisdiction and control of the 
regents of the State Normal School, in the same manner and to 
the same extent as the State Normal School at Marshall College. 



School Law of West Virginia. 77 

Athens Branch. 

See. 185. The branch of the State Normal School at Athens 
in Mercer county, established by the act passed the twenty-eighth 
day of February, one thousand eight hundred and seventy-two, 
entitled "An act to locate a branch state normal school at Concord 
in the county of Mercer," shall be and remain at that place and 
all the provisions of said act shall remain in full force, except 
so far as the same may be altered by this chapter. Said school 
shall be under the jurisdiction and control of the regents of the 
state normal school in the same manner and to the same extent 
as the State Normal School at Marshall College. 

Monthly Report. 

Sec. 186. The principals of the State Normal School and i J s 
branches shall make, at the close of each month thereof, to the 
president of the board of regents, in addition to the annual reports 
required of them, a report, under oath of the number of non- 
paying normal school pupils and the number of paying pupils in 
the several departments of the school in actual monthly attend- 
ance during said term. 

Payment of Salaries. 

*Sec. 187. The president and the board of regents of the State 
Normal School and its branches upon receipt of the reports re- 
quired under the provisions of this chapter, shall issue his requisi- 
tion upon the auditor of the state for the total amount of salary 
due the teachers in each normal school for the month covered by 
the report, which sum shall be remitted to the treasurer of the 
executive committee of each normal school, but in no instance shall 
the amount paid out to all normal schools for any one month 
exceed one-tenth of the amount appropriated for the support <i 
the normal school and its branches for that year. 

Normal Training for Colored Teachers. 

Sec. 188. The state superintendent of free schools shall if pos- 
sible, in every year, make arrangements with some suitable institu- 
tion of learning in this state for the •education and normal school 
training of a number of colored teachers in proportion to the 

"See Appendix A. 



78 School Law of West Virginia. 

colored population of the state which the non-paying white students 
in the normal schools bear to the white population of the state ; 
but the amount to be paid for such education and normal school 
training shall be in the same proportion to the amount expended 
for the pay of teachers in the normal school and its branches as 
the said colored teachers are in proportion to the number of 
students in the normal school and branches. And the said amount 
shall be paid by the state superintendent of free schools at the 
end of each school month as provided in the case of the normal 
school and branches. 

PREPARATORY BRANCH OF THE WEST VIRGINIA 
UNIVERSITY AT MONTGOMERY, FAYETTE COUNTY. 

Location. 

Sec. 189. The Preparatory Branch of the State University 
heretofore established at Montgomery, shall remain where now 
located and shall be known as the Montgomery Preparatory Branch 
of the West Virginia University, by which name it shall have and 
hold all property, funds, investments, rights, powers and privi- 
leges granted by this act, by bequest, private subscriptions, dona- 
tion or otherwise. 

Regents. 

*Sec. 190. For the government and control of said school there 
shall be a board of regents consisting of the state superintendent of 
free schools and the members of the board of regents of the West 
Virginia University. As such they may sue and be sued, plead 
and be impleaded, contract and be contracted with and have a 
common seal. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all state in- 
stitutions. See Appendix A. 

Powers. 

*Sec. 191. Said board shall have all the powers to act and shall 
act and be controlled according to and under the laws of chapter 
forty-five of the Code of West Virginia governing the board of 
regents of the West Virginia University, except as herein limited 
by this act. 



*See Appendix A. 



School Law of West Virginia. 79 

Title. 

*Sec. 192. That the title to all grounds, buildings and improve- 
ments shall be vested in the board of regents of said school, to be 
used and controlled, as, in like manner, is the property of the 
West Virginia University used and controlled by its said board 
of regents. 

Brayiches Taught. 

Sec. 193. There shall be taught in said school such branches of 
learning as are taught in the preparatory department of the West 
Virginia University and in the normal schools of this state ; but 
no student shall receive instruction free of tuition in any of the 
branches herein designated, except as to such as are taught free 
in the preparatory department of the University of West Virginia. 

Teachers. 

Sec. 194. It shall be the duty of said board of regents to employ 
and fix the salaries of a sufficient and competent corps of teachers 
and other necessary officers. Such teachers and officers to be paid 
as is provided by law for the payment of teachers and officers of 
the West Virginia University. 

Tuition. 

*Sec. 195. All students of this or other states desiring to take 
other branches of study than those designated in said preparatory 
courses or take other courses of study in said school, shall pay 
such tuition as shall be hereinafter fixed by the faculty of said 
school. 

KEYSER PREPARATORY BRANCH OF THE WEST 
VIRGINIA UNIVERSITY. 

Location. 

Sec. 196. The Preparatory Branch of the State University here- 
tofore established at Keyser shall remain where now located and 
shall be known as the Keyser Preparatory Branch of the West 
Virginia University, by which name it shall hold all the property, 
funds, investments, rights, powers granted, and may receive and 



*See Appendix A. 



80 School Law of "West Virginia. 

hold by bequest, private subscriptions, donations or otherwise,, 
money and other property. 

Regents. 

Sec. 197. For the government and control of said school, there 
shall be a board of regents consisting of six members, Avho shall be 
appointed by the governor ; not more than four of whom shall be 
of the same political party, and who, with the state superintendent 
of free schools, who shall be ex-officio member shall constitute said 
board; the regents now in office shall serve until the expiration of 
the term for which they were appointed, and prior to the first 
day of May, nineteen hundred and nine, the governor shall by and 
with the advice and consent of the senate appoint three regents 
for the term of four years, beginning June first; likewise, on or 
before the first day of May, nineteen hundred and eleven, he shall 
appoint three regents whose term shall begin on the first day of 
June following. Vacancies occurring in the board shall be filled 
by the governor as they occur. 

The members of said board shall be appointed from the citizens 
of Mineral, Grant, Hardy, Morgan, Pendleton, Tucker, Preston 
and Hampshire counties, and before entering upon the discharge 
of their duties, the members of the board shall take an oath to 
faithfully discharge their duties. The said board shall be known 
as "The Board of Eegents of the Keyser Preparatory Branch of 
the West Virginia University," by which name said board shall 
sue and be sued, make contracts, receive and hold real and per- 
sonal property as aforesaid. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all state in- 
stitutions. See Appendix A. 

Title. 

*Sec. 198. Title to the property, buildings and improvements 
except under the provisions of this act, shall be vested in the 
board of regents of said school, to be used and controlled for the 
purpose of this act. 

Branches Taught. 
Sec. 198 y 2 . There shall be taught in said school such branches 



*See Appendix A. 



School Law of West Virginia. 81 

of learning as are taught in the preparatory department of the 
West Virginia University and in the normal schools of this state, 
including mechanics, and such other branches as shall fit the pupils 
for useful trades and callings. But no student shall receive in- 
struction free of tuition in any of the branches herein designated, 
except as to such as are taught free in the Preparatory Depart- 
ment of the West Virginia University. 

Teachers. 

*Sec. 199. It shall be the duty of said board of regents to 
employ and fix the salaries of a sufficient and competent corps of 
teachers and officers, to be paid as provided by law, and as directed 
by said board of regents. 

Tuition. 

Sec. 200. All students of this or other states desiring to take 
other branches than those designated in said preparatory course, 
or to take other courses of study in said school, shall pay such 
tuition as shall be fixed by the board of regents. 

Income. 

Sec. 201. All moneys arising from tuition, matriculation fees 
or otherwise coming into the hands of the treasurer of said school, 
shall be used and applied to the payment of the teachers' salaries 
and other liabilities of said school. 

Officers. 

*Sec. 202. The board of regents of said school shall have power 
to appoint a treasurer, and require him to give bond, with good 
security to be approved by said board, and also a secretary, to 
appoint an executive committee of not more than three persons, 
citizens of Keyser, to have the care, control and management of 
said school, under the order and direction of the board of regents. 

Compensation. 

*Sec. 203. Members of the board of regents shall receive four 
dollars per day for the time actually employed by them and their 



^See Appendix A. 



82 School Law of West Virginia. 

actual expenses while attending a meeting of the board, which 
shall be verified by oath. 

Each member of the State Board of Regents which according to the provisions of the 
law (1909) has charge of all the educational institutions receives $1,000.00 per year and 
necessary traveling expenses. See Appendix A. 

THE WEST VIRGINIA COLORED INSTITUTE. 

Act of Congress. 

Sec. 204. An act accepting the provisions of the act of congress, 
approved August thirtieth, eighteen hundred and ninety, entitled 
"An act to apply a portion of the proceeds of the public lands to 
the more complete endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under 
the provisions of an act of congress, approved July second, eighteen 
hundred and sixty -two., " and providing for the- apportionment of 
said endowment according to the provisions of said act. 

Whereas, The congress of the United States of America, by an 
act approved August thirtieth, eighteen hundred and ninety, en- 
titled, "An aet to apply a portion of the proceeds of the public 
lands to the more complete endowment and support of colleges for 
the benefit of agriculture and the mechanic arts, established under 
the provisions of an act of congress approved July second, eighteen 
hundred and sixty-two," made an appropriation to each state 
and territory of fifteen thousand dollars for the year ending June 
thirtieth, eighteen hundred and ninety; and an annual increase 
of said appropriation thereafter for ten years by the additional sum 
of one thousand dollars over the preceding year, after which tim^ 
the annual amount so appropriated will be twenty-five thousand dol- 
lars for the more complete endowment and maintenance of the 
colleges established under the act of congress last aforesaid," to 
be applied only to instruction in agriculture, the mechanic arts, 
the English language, and the various branches of mathematical, 
physical, natural and economic science, with special reference to 
their application in the industries of life; and to the facilities 
for such instruction," and 

Whereas, By proviso in said act no state can obtain the benefits 
thereof where facilities are not provided for the instruction of 
colored students in said branches of study, either in the same in- 
stitution or in separate institutions, and the legislature of the 
several states are required to make an equitable division of said 



School Law op West Virginia. 83 

annual appropriation where such separate institutions are pro- 
vided and report the same to the secretary of the interior, and 

Whereas, The constitution of the state of West Virginia forbids 
the education of white and colored youth in the same state schools; 
and this state having heretofore made no provision for the separate 
education of colored youth in agricultural and mechanic arts; and 
the enumeration of the white and colored youth of this state of 
school age, being about two hundred and fifty thousand white and 
twelve thousand colored, it being the duty of this state to indicate; 
a reasonable proportion of said appropriations to be set apart 
annually for the instruction of the colored youth of the state, the 
sum of three thousand dollars is hereby indicated as an equitable 
portion of said appropriations for five years from the date of the 
passage of this act, and after that time five thousand dollars as 
long as such appropriation continues; and 

Whereas, By the terms of the said act of congress of the United 
States, approved August thirtieth, eighteen hundred and ninety, 
it is necessary, in order to enable this state to share in the appro- 
priations so made and to be made under the provisions of said 
last recited act, for the legislature to accept of the provisions of 
said act for and on behalf of this state, and to make proper and 
suitable provisions for said act upon which this state will be 
entitled to her distributable share of said appropriations, and to 
designate the institutions of learning to become the beneficiaries of 
said appropriations, and the officer of this state to whom the money 
shall be paid by the United States for the use of said beneficiaries. 

Therefore, Be it Enacted by the Legislature of West Virginia: 

Acceptance of Grant. 

Sec. 205. The legislature of the state of West Virginia hereby- 
accepts for said state, the terms and provisions of the said act of 
congress of the United States approved August thirtieth, eighteen 
hundred and ninety, for the objects and purposes mentioned and 
declared therein, and designates "The West Virginia University," 
established in pursuance of the act of congress of the United 
States passed July two, eighteen hundred and six-two, and a sub- 
sequent act passed by said congress on April nineteen, eighteen 
hundred and sixty-four, at Morgantown, in county of Monongalia 
in this state, as a beneficiary of said appropriation for the instruc- 
tion of white students, and an institution to be located and pro- 



84 School Law of "West Virginia. 

vided for the purpose as hereinafter required and directed, in the 
county of Kanawha, to be called "The West Virginia Colored 
Institute," for the beneficiary of said appropriation for the in- 
struction of colored students, to be paid to each in the proportion 
mentioned in the preamble to this act. And the said institution 
by the name of "The West Virginia Colored Institute," shall 
have and hold all the property, funds, rights, powers and privileges 
hereinafter mentioned. 

Regents. 

Sec. 206. For the government and control of said institute, 
there shall be a board of regents, consisting of the state superin- 
tendent of free schools and six other competent persons, not more 
than four of whom shall belong to the same political party, to be 
called the "Regents of the West Virginia Colored Institute," and 
as such board they may sue and be sued, plead and be impleaded, 
and have a common seal. The governor shall, between the fifteenth 
day of March and the fifteenth day of April, in the year nineteen 
hundred and nine, and every four years thereafter, nominate and, 
by and with the advice and consent of the senate, appoint six 
regents, whose term of office shall begin on the first day of June 
next following their appointment, and continue for four years 
and until their successors are appointed and qualified. Vacancy 
in the office of regent shall be filled by appointment by the governor 
for the unexpired term. Said board shall have the care, custody 
and control of the property and funds of the institute, and may 
accept from any person or persons, gifts of money or property for 
the use of said institute; and all such money and property when 
so received by them, shall be held in. trust by them for the use and 
benefit of the institute, and applied thereto as the donors may 
have directed, and if no such directions have been given, as a 
majority of the regents may determine. 

A law passed 1909 created a State Board of Control consisting of three members and 
a & r ;ue Board of Regents consisting of five members to have charge of all state institu- 
tions. See Appendix A. 

Regents to Establish Departments. 

*Sec. 207. The board of regents shall from time to time establish 
such departments of education in literature, science, art and agri- 
culture, not inconsistent with the terms of the several acts of 
congress hereinbefore referred to as they deem expedient, and as 
the funds under their control will warrant, and purchase such 



■See Appendix A. 



School Law of West Virginia. 85 

materials, implements and apparatus, as may be requisite to the 
proper instruction of said colored students in all said branches 
of learning as to carry out the intent and purpose of said acts of 
congress. 

Rules and Regulations. 

Sec. 208. The state superintendent of free schools shall prepare 
suitable diplomas to be granted to the students of the normal de- 
partment of said school who have completed the course of study 
and discipline prescribed -by said regents, which diploma hereafter 
issued shall be equivalent in all respects to a first grade certificate 
for a period of five years. The said regents may establish a pay 
department in said school whenever the accommodations thereof 
will admit of the same, and may admit into such department so 
many paying students as can be accommodated therein from this 
or any other state. The said board shall establish and declare such 
rules, regulations and by-laws, not inconsistent with the laws of 
the United States or of this state, as they may deem necessary for 
the proper organization, the tuition of the students and the good 
government of the institute, and the protection of the property 
belonging thereto. All reasonable expenses incurred by said re- 
gents in the discharge of their duties hereby imposed upon them 
shall be allowed by 'the governor and paid out of the treasury of 
the state, in like manner as other charges on the treasury are paid. 

State Treasurer to Receive Grants. 

*Sec. 209. The treasurer of this state is hereby designated as the 
officer to receive from the secretary of the treasury of the United 
States the said several sums of money so to be paid to this state 
aforesaid, for the uses and purposes aforesaid. He shall keep an 
exact account of the moneys so received, and shall place to the 
credit of each of said beneficiaries thereof, its due proportion of 
the same. The sums so placed to the credit of the West Virginia 
University shall be paid out by him on the order of the board of 
regents thereof, and the sums so placed to the credit of the West 
Virginia Colored Institute, shall be paid out by him on the order 
of the board of regents of said institute. And said treasurer shall 
include in his biennial report to the governor a statement of his 
receipts and disbursements under the provisions of this act. 



*See Appendix A. 



86 School Law op West Virginia. 

Sites and Buildings. 

*Sec. 210. It shall be the duty of the board of the school fund 
to proceed with all reasonable dispatch to procure the necessary 
quantity of farming land not exceeding fifty acres in all in some 
suitable and proper locality in the county of Kanawha, with a title 
thereto clear and unquestionable, and to erect the necessary build- 
ings and make the necessary improvements thereon, for the pur- 
poses of this act, and to comply in good faith with the terms and 
conditions, and to carry into effect the objects and purposes of 
the acts of congress in making said appropriations. 

JBLUEFIELD COLORED INSTITUTE. 

Location. 

Sec. 211. The Bluefield Colored Institute shall remain where 
now located, and shall be known as the "Bluefield Colored Insti- 
tute," by which name it shall have and hold all the property, funds, 
investments, rights, powers and privileges created by this act, by 
request, private subscription, donation or otherwise. 

Regents. 

Sec. 212. For the government and control of said institute there 
shall be a board of regents consisting of the state superintendent 
of free schools and five other persons, not more than three of said 
persons shall belong to the same political party. 

Said board shall be a body corporate under the style of ' ' Board 
of Regents of the Bluefield Colored Institute," and as such may 
sue and be sued, plead and be impleaded, contract and be contract- 
ed with, and have and use a common seal. The governor shall, 
between the fifteenth day of March and the fifteenth day of May, 
in the year nineteen hundred and nine and every four years there- 
after, nominate and, by and with the advice and consent of the 
senate, appoint said five regents, whose term of office shall begin 
on the first day of June next after their appointment and continue 
for four years and until their successors are appointed and quali- 
fied. A vacancy in the office of regent shall be filled by appoint- 
ment by the governor for the unexpired term. The compensation 

*See Appendix A. 



School Law of West Virginia. 87 

of said regents shall be the same as that provided for the regents 
of the West Virginia Colored Institute. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five numbers to have charge of all state institu- 
tions. See Appendix A. 

Powers. 

*Sec. 213. Said board shall have all the powers to act, and shall 
act and be controlled according to and under the laws governing 
the board of regents of the normal schools of this state, except 
as here limited by this act. 

Property Vested in Board. 

*Sec. 214. All grounds and improvements belonging to said in- 
stitution shall be vested in the board of regents of said school, to 
be used and controlled in like manner as the property of the normal 
school and branches is used and controlled by its said board of 
regents. 

Branches to he Taught. 

Sec. 215. There shall be taught in said school such branches 
of learning as are taught in the preparatory department of the 
West Virginia University and in the normal schools of this state, 
but no student shall receive instruction free of tuition in any of 
the branches here designated .except as provided in section one 
hundred and seventy-nine of chapter forty-five of the code of West 
Virginia, and as to such as are taught free in the preparatory 
department of the University of West Virginia. 

Teachers. 

*Sec. 216. It shall be the duty of the said board of regents to 
employ and fix the salaries of a sufficient and competent corps of 
teachers and other necessary officers, such teachers and officers to 
be paid as is provided by law for the payment of teachers and 
officers of the normal schools of this state. The said salaries to be 
paid out of any moneys in the state treasury not otherwise appor- 
tioned. 

Tuition. 

Sec. 217. All students of this state desiring to take other 



"■See Appendix A. 



88 School Law op West Virginia. 

branches of studies than those designated in said preparatory, 
course or taking other courses of study in said school, shall pa,y 
such tuition as shall hereafter be fixed by the faculty of said 
school. 

Expenditures. 

*Sec. 218. All money arising from tuition, matriculation fees or 
otherwise, coming into the hands of the treasurer of said school, 
shall be used and applied to the payment of teachers' salaries and 
other liabilities of said school. 

THE WEST VIRGINIA SCHOOL FOR THE DEAF AND 

THE BLIND. 

Sec. 219. The West Virginia School for the Deaf and the Blind 
heretofore established shall remain at Romney and be known as 
"The West Virginia School for the Deaf and the Blind." 

Regents. 

Sec. 220. For the government and control of said school there 
shall be a board of regents consisting of nine persons to be ap- 
pointed by the governor, as hereinafter provided, who shall be 
called "The Regents of the West Virginia School for the Deaf 
and the Blind, ' ' and as such may have a common seal, sue and be 
sued, plead and be impleaded, contract and be contracted with, 
and take, hold and possess real and personal estate for the use 
of said school. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all state institu- 
tions. See Appendix A. 

Regents — Appointment of. 

Sec. 221. The Board of Regents of the West Virginia School for 
the Deaf and the Blind shall be composed of nine members. These 
shall be divided into three classes of three regents each and shall 
be appointed as follows: On or before May thirty-one, nineteen 
hundred and nine, the governor shall, by and with the consent 
of the senate, appoint three regents ; on or before May thirty-one, 
nineteen hundred and eleven, he shall appoint three ; and on or 
before May thirty-one, nineteen hundred and thirteen, he shall 
appoint three, and the regents so appointed shall serve for a term 



*See Appendix A. 



School Law of West Virginia. 89 

of six years from the first of June following their appointment 
and until their successors are appointed and qualified. The regents 
now in office shall serve for the term for which they were appointed. 
The governor may by appointment fill any vacancy occurring in 
the board for the unexpired term, and any regent appointed dur- 
ing the recess of the senate shall serve until the next meeting of 
the senate. Not more than two members of each of the three classes 
of regents hereinbefore mentioned, shall belong to the same politi- 
cal party and two regents shall not be appointed from the same 
senatorial district. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five numbers to have charge of all state institu- 
tions. See Appendix A. 

Met tings. 

*Sec. 222. The board of regents shall appoint one of their mirn- 
ebr president, and in case of his absence, a president pro tempore, 
and shall appoint a secretary, and all orders, drafts, or requisitions 
for money from the state shall be signed by the secretary and coun- 
tersigned by the president. Said board shall meet annually on the 
third Tuesday in October and at such other times as they may think 
necessary. Extra meetings may be called by the president or by 
any three members of the board by notifying the other members of 
the time and place of the meeting and the nature of the business 
which renders an extra meeting necessary. A majority of the 
board shall constitute a quorum for the transaction of all ordinary 
business, but the board may in its discretion, designate business 
which may be transacted by a stated number of regents less than a 
quorum. 

Principal. 

Sec. 223. It shall be the duty of the principal under the direc- 
tion of the board, to superintend the affairs necessary for the prop- 
er conduct of the institution, and to make such general regulations 
as may be necessary for the successful management of the same 
and to purchase such books and apparatus as may be necessary 
for the efficient working of the institution. 

Teachers — Overseers — Employees. 

*Sec. 224. Said board shall appoint a principal and all neces- 
sary teachers, officers and employees, and shall provide the furni- 



*See Appendix A. 



90 School Law of West Virginia. 

ture, fixtures, apparatus and other things necessary for the com- 
fort and convenience of the pupils of the institution. 

Steward — Salaries — Residence. 

*See. 225. The said board may, when they deem it necessary, 
elect a steward; and the principal and matron shall reside in the 
institution and the steward and teachers in or near it. All sal- 
aries shall be fixed by the board of regents and shall be paid month- 
ly or quarterly, as the board may deem proper, out of the funds 
appropriated by the legislature. 

Physician. 

*Sec. 226. The' board of regents shall employ as visiting physi- 
cian of the institution, a physician of reputable standing in his pro- 
fession, and fix his salary, not to exceed five hundred dollars per 
annum, to be paid in the same manner as the salary of teachers. 
And it shall be his duty to render all medical assistance necessary 
to the pupils in the institution. 

Bond. 

Sec. 227. The principal and steward shall give bond with ap- 
proved security in such amount as the board of regents may direct, 
for the faithful discharge of their respective duties. 

'Regulations — Reports. 

*Sec. 228. The board of regents shall prescribe such by-laws., 
rules, and regulations for the government and conduct of the insti- 
tution under their charge as shall be necessary to secure the harmo- 
nious and efficient management of said institution in all its parts. 
They shall require such reports from the principal, steward, ma- 
tron, and physician as in their opinion the welfare of the institu- 
tion may demand, and they shall annually, on or before the first 
day of December, report to the governor all the facts and circum- 
stances in connection with the conduct and progress of the institu- 
tion, with a careful statement of all the receipts and expenditures 
of the same, and shall accompany their annual reports with such 
recommendations and suggestions as will enable the state efficiently 
to foster and promote the enterprise of educating the deaf and 



''See Appendix A. 



School Law of West Virginia. 91 

blind youth within its limits. The fiscal year of the institution 
shall end on the last day of September, and the accounts of the in- 
stitution shall be kept with reference to said fiscal year. 

Accommodations. 

*Sec. 229. The board of regents may provide in said institution 
accommodations for all the officers, teachers, assistants and em- 
ployees, and for all the deaf and blind youth resident of the state 
who may apply for admission to the said institution, between the 
ages of eight and twenty-five years, and for such other deaf and 
blind persons as may apply for admission as pay pupils under such 
regulations as said board may direct, but all youth admitted must 
be of sound mind and not afflicted with any contagious disease. 

Admission. 

Sec. 230. All such deaf and blind youth resident of the state, 
between the ages of eight and twenty-five years, shall be admitted 
to the institution on application to the principal, until the insti- 
tution is filled. Applicants shall be admitted in the order of their 
application, and it shall be the duty of the principal to keep a 
careful record of the names of all applicants, with the dates of the 
admission and discharge, their age, post office address, the name 
of their parents or guardians, and the degree, cause and circum- 
stances of their deafness and blindness. 

Clothing. 

*Sec. 231. All such deaf and blind pupils shall be admitted as 
above directed without charge for board and tuition; and when 
not otherwise provided with clothing they shall be furnished 
therewith by the institution while they are pupils therein, and the 
principal shall make out an account therefor in each case against 
the respective counties from which said pupils come, in an amount 
not exceeding forty dollars per annum for every such pupil, which 
account shall be sworn to by the principal and countersigned by 
the secretary, and which shall be transmitted by the principal to 
the auditor of the state, whose duty it shall be to transmit a copy of 
the same to the clerk of the county courts of the respective coun- 
ties in which such pupils live, and the county court of such coun- 
ties shall thereupon at their next session thereafter held for the 



''See Appendix A. 



92 School Law of West Virginia. 

purpose of making a county levy, include in such levy the amount 
of said account against their counties, and cause an order to be 
issued on the sheriff of the county in favor of the auditor of the 
state, and cause the same to be transmitted by the clerk of said 
court to the auditor, whose duty it shall be to collect the same and 
place it to the credit of the institution, to be drawn out upon a 
requisition as a part payment of the current expenses of said 
school. If the same is not paid to the auditor by the respective 
counties from which they are due in a reasonable time, it shall be 
the duty of the auditor to collect the same by law. 

Age. 

Sec. 232. The pupils of said school may continue therein five 
years, and for as much longer as in the discretion of the board and 
principal their condition and progress would seem to justify. 
After all the applicants between the prescribed ages of eight and 
twenty-five years have been admitted, if there are accommodations, 
the principal may admit other deaf and blind persons who may be 
of suitable age to receive any advantage from the institution, and 
upon such terms as the board may prescribe ; but it shall be dis- 
tinctly understood that such persons shall withdraw from the insti 
tution in the order of their admission to make room for new appli- 
cants between the ages prescribed. 

Instruction. 

Sec. 233. The course of instruction in the institution shall be 
prescribed by the board of regents with the advice of the princi- 
pal, and shall be as extensive both in the intellectual, musical and 
mechanical departments as the capacities and interests of the pu- 
pils may require. 

Registration of Deaf and Blind. 

Sec. 234. In addition to their other duties the assessors of the state 
are hereby required to register in a book to be furnished them by the 
auditor for the purpose, the names of all the deaf and the blind per- 
sons in their respective districts, with the degree and cause of- 
deafness and blindness in each case as far as can be ascertained, 
from the heads of the families, or from other persons whom the as- 



*See Appendix A. 



School Law of West Virginia. 93 

sessors may conveniently consult, their ages, the names of their par- 
ents or guardians, their post office address, and such other facts as 
may be useful in making the said institution efficient in ameliorat- 
ing the conditions of the deaf and blind. They shall complete the 
registration as early as possible and forward their report to the 
auditor who shall if practicable before the first day of July, or as 
soon thereafter as possible make an alphabetical abstract of all the 
facts furnished him by the assessors' reports, and shall send the 
same by mail to the principal of the West Virginia School for the 
Deaf and the Blind, and said principal is hereby further required 
to put himself into immediate correspondence with all the deaf 
and blind persons, of suitable age and condition, mentioned in the 
auditor's abstract, with a view to their admission as pupils into 
said school. 

Compensation of Assessors. 

Sec. 235. The assessors shall receive for the extra duties hereby 
imposed the same compensation as now allowed them for the regis- 
tration of births and deaths, and shall be liable to the same penal- 
ties for failure to discharge their duties. 

WEST VIRGINIA REFORM SCHOOL. 

Sec. 236. The West Virginia Reform School heretofore estab- 
lished shall hereafter remain at Pruntytown and be known as th'3 
West Virginia Reform School. 

Regents. 

*Sec. 237. For the government and control of said reform school 
there shall be a board of regents consisting of five persons to be ap- 
pointed by the governor as hereinafter provided, who shall be called 
"The Regents of the West Virginia Reform School," and as such 
may have a common seal, sue and be sued, plead and be impleaded, 
contract and be contracted with, and take, hold and possess real 
and personal estate for the use of said school. 

Said board of regents shall consist of five members who shall be> 
residents and voters of the state. Not more than three of said re- 
gents shall be appointed from the same political party, and no two 
shall be appointed from the same senatorial district. The regents 
now in office shall serve for the term for which they were appointed 



94 School Law of West Virginia. 

and as the term of each regent now in office expires, the governor 
shall fill the place by appointment. Each regent appointed shall 
serve for a period of four years and until his successor is appointed 
and qualified. The governor may by appointment fill any vacancy 
occurring in the board, for the unexpired term. 

A law passed 1909 created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all state institu- 
tions. See Appendix A. 

President — Quorum. 

*Sec. 238. The board of regents shall biennially choose one of 
their body to be president of the board, and in his absence shall 
choose a president pro tempore. A majority of the board shall 
constitute a quorum, but the board may in its discretion designate 
business, of a nature by it to be specified, which may be transacted 
by a stated number of regents less than a quorum. 

By-Laws, Etc. 

*Sec. 239. The board of regents shall make such ordinances, 
rules, and regulations relative to the management, government, in- 
struction, discipline, training, employment and disposition of the 
minors in the reform school, not contrary to law, as they may deem 
proper, and shall appoint such officers, agents and employees as 
they may deem necessary to transact the business and carry on the 
operation of said reform school, and may designate their duties. 

Annual Report of Board of Regents. 

*Sec. 240. The board of regents shall make an annual report to 
the governor of their transactions, of the number of minors re- 
ceived by them in the said reform school, the disposition which has 
been made of such minors, by instructing or employing them there- 
in or by binding them out as apprentices; the receipts and ex- 
penditures of said board of regents, and generally all such facts 
and particulars as may tend to exhibit the influences, whether 
beneficial or otherwise, of said reform school. 
Inmates — "Who may he Committed and for What — Manner of Com- 
mitment. 

Sec. 241. Any boy under the age of eighteen years may be 



*See Appendix A. 



School Law of West Virginia. 95 

committed to and received into the West Virginia Reform School 
for the reasons and in the manner following : 

First — By a justice of the peace of the county in which he re- 
sides, on complaint under oath and due proof made to him by the 
parent, guardian or other persons having the custody and control 
of such minor; that by reason of incorrigible or vicious conduct 
such minor has rendered his control beyond the power of the parent, 
or guardian or such other person, and made it manifestly requi 
site that, from regard for the morals and future welfare of such 
boy and for the peace and order of society, he shall be placed in 
said school. 

Second — By the same authority upon complaint under oath, 
and due proof before the justice that such minor is a vagrant, in- 
corrigible or vicious in disposition and conduct, and that his par- 
ents, guardian or other person having custody or authority to 
control him, are depraved or otherwise unfit, unwilling or unable to 
exercise care and discipline over such minor. 

Third — By the several courts of this state, as provided in the 
next section. 

Minors Convicted of Crime. 

Sec. 242. Whenever any boy under the age of eighteen years, 
shall be convicted in any of the courts of this state of a felony or of 
a misdemeanor, punishable by imprisonment, the judge of said 
court in his discretion, and with reference to the character of the 
reform school as a place of reform and not of punishment, instead 
of sentencing said minor to be confined in the penitentiary or 
county jail, may order him to be removed to and confined in said 
reform school, to remain until he shall have arrived at the age of 
twenty-one years, unless sooner discharged or bound as an appren- 
tice by the board of regents.Boys under eighteen years of age, con- 
victed in any of the courts of the United States for the district of 
West Virginia, of any offence punishable by imprisonment, may 
also be received into said reform school under such regulations and 
on such terms as to maintenance and support as may be prescribed 
by the board of regents, and assented to by the proper authority of 
the United States. 

And in all cases, before any minor is transferred to said reform 
school, due notice shall be given to the superintendent and an an- 
swer received from him that there is room in the reform school for 
such minors. 



'96 School Law of West Virginia. 

Names and Residences of Witnesses to he Annexed to Commit- 
ment. 

See. 243. It shall be the duty of the justice of the peace when 
committing a minor to said reform school under the first and sec- 
ond clauses of section two hundred and forty-one of this chapter to 
annex to the commitment the names and residences of the different 
witnesses examined before him, and the substance of the testi- 
mony given by them respectively, on which the adjudication was 
found. 

Guardian ad Litem — Trial by Jury — Appeal. 

See. 244. In all proceedings before justices of the peace for 
commitment of minors to the said reform school under the first and 
second clauses of section two hundred and forty-one of this chap- 
ter, the justice shall appoint some discreet and disinterested person 
guardian ad litem for the said minor, and see that no injustice is 
done him ; and the guardian ad litem of said minor shall have the 
right to demand a jury of twelve men to try the truth of the 
charges made against said minor, and said jury shall be selected 
and said trial shall be conducted in the same manner as provided 
by law for the trial of criminal cases before a justice or juries. 
And said guardian ad litem of said minor shall have the right of 
appeal from any final decision rendered against said minor in any 
proceeding, whether upon a trial by jury or otherwise, as is pro- 
vided by law for the trial of criminal cases before justices. And 
said guardian ad litem of said minor shall have the right of ap- 
peal from any final decision rendered against said minor in any 
proceeding, whether upon a trial by jury or otherwise, as is 
allowed by law in other criminal cases tried before justices. 

White and Colored Inmates to be Kept Separate. 

Sec. 245. The West Virginia Reform School shall be exclusively 
charged with the reformation and care of male minors, and white 
and colored inmates shall be kept separate. 

Binding out Inmates as Apprentices. 

Sec. 246. The board of regents shall have the power to bind 
out male children committed to their care, with the consent of 



School Law op West Virginia. 97 

such children, as apprentices during their minority, to suitable 
persons in or out of this state, to learn some proper trade and 
employment and the indenture by which said children shall be 
bound, shall contain the covenants and provisions prescribed by 
chapter eighty-one of the code of West Virginia, relating to master 
and apprentices, and all the provisions of said chapter shall apply 
to apprentices bound under this section, so far as applicable. 

Term of Confinement — Transfer of Inmates to or from Peniten- 
tiary — Remission of Penalty. 

Sec. 247. Every boy sent to the reform school shall remain 
until he is twenty-one years of age, unless sooner discharged or 
.bound as an apprentice by the board of regents; but no boy shall 
be retained after he has been reported by the superintendent and 
found by the board or executive committee to be fully reformed : 
provided that in any case where a boy is committed to the reform 
school for an offense punishable by confinement in the peniten- 
tiary, and is found by the board of regents that the reform school 
is unable to benefit such boy, and that his presence is a detriment 
or menace to other boys in the institution or to the general good 
of the school, he may be securely returned to the court which 
sent him, and said court shall thereupon pass such sentence upon 
him as to confinement in the penitentiary as may be proper in 
the premises, or as it would have done had it not sentenced him 
to the reform school. And the governor shall have power, when 
in the judgment of the warden of the penitentiary and the super- 
intendent of the reform school it is advisable, to remit the penalty 
of any youthful offender under the age of sixteen years, con- 
fined in the penitentiary, to a sentence to the reform school. 

Offenses Against Inmates — Penalty. 

Sec. 248. If any person shall entice or attempt to entice away 
from the. reform school any boy legally committed to the same, or 
shall aid or abet any boy to escape from said reform school, or 
shall harbor, conceal, or aid or abet in harboring or concealing, 
any boy who shall have escaped therefrom, or shall, without the 
permission of the superintendent, give, or aid any other person 
to give any boy in said reform school whether on the premises of 
said institution or not, any money whatsoever, or shall in any way 
cause or influence, or attempt to cause or influence or aid or abet 



98 ' School Law of West Virginia. 

therein, any boy in said reform school to violate any rule of 
the institution, or to rebel against the government of said school 
in any particular, . or shall receive by the hands of any such boy 
any thing of value, whether belonging to the state or otherwise, 
such person shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten nor more than 
one hundred dollars, or be confined not more than twelve months 
in the county jail, or both fined and imprisoned as aforesaid, as. 
the court may deem proper. 

And the superintendent or any of the assistants or any one 
authorized in writing by him, or any sheriff, constable, police- 
man or other officer, shall have authority, and it is hereby made 
his duty to arrest any boy, when in his power to do so, who shall 
have escaped from said school, and return him thereto. 

Compensatio7i of Justices, Jurors, etc., in Proceedings for Com- 
mitment. 

Sec. 249. Justices, constables and jurors shall receive the same 
fees in a proceeding for committing a boy to the reform school 
as are allowed by law for similar services in misdemeanor cases, 
and such fee shall be paid in like manner as fees of such officers 
and persons are paid in misdemeanor cases. Any officer taking 
a boy to the reform school shall be allowed five cents a mile for 
each mile necessarily traveled in going to and returning from 
such school, and in addition thereto, the amount actually expended 
by him for the transportation of such boy, which shall be paid 
out of the county treasury. 

Payment for Support of Inmates. 

Sec. 250. The county court of every county shall pay into the 
state treasury the sum of fifty dollars a year on account of each 
minor from the county who shall be received in said school of 
the first, second and third classes mentioned in section two hun- 
dred and forty-one. But in all cases of minors received in said 
school of the first class mentioned in said section, the parent, if of 
sufficient means, or the guardian if the minor has sufficient estate, 
shall annually reimburse the county the amount so paid into the 
state treasury, and the county court of such county may recover 
the said amount from such parent or guardian in any court of 
competent jurisdiction. 



School Law of West Virginia. 99 

List of Inmates — Charging Maintenance of Inmates to Counties. 

Sec. 251. The superintendent or principal of said school shali 
before the ienth of January in each year make out and certify ta 
the auditor a list by counties of all such minors as are mentioned 
in the preceding section, who are kept in the school during the 
preceding year or any part of it, showing as to each minor what 
part of the year he was so kept in the school, and to which class 
he belonged. On receiving such list the auditor shall charge to 
each county fifty dollars on account of each minor who was kept 
in such school during the preceding year, and a proportionate 
amount on account of each minor kept in school for any part of 
such year less than the whole. 

Any money in the treasury of the state to the credit of any 
such county from whatever source arising, and not appropriated 
to pay any other debt of the county to the state, shall be applied, 
so far as necessary, to the payment of the same so charged ; if 
any sum in the treasury due the county shall not be sufficient to 
pay the whole amount so charged against it, such sum shall be 
applied as a credit on the amount charged, and the balance 'shall 
remain as a charge against the county. 

Statements. 

Sec. 252. Within ten days after receiving such lists the auditor 
shall certify to the county court of each county a list of the minors 
from the county in such school, stating the class to which each 
belongs, the length of time during the year he was in such school 
as shown by the list certified by the principal or superintendent, 
and the amount due from the county on his account and the total 
amount due on account of all. He shall credit on such statement 
whatever amount has been applied as a payment thereon from 
any funds of the county in the treasury. 

Such statement shall be a receipt to the county for any amount 
so credited, and shall be a bill for any amount still appearing 
to be due from the county. Unless the bill shall have been paid 
by the application of funds of the county in the state treasury, 
the county court shall at its next levy term provide for the pay- 
ment of the same, or such part as may not have been paid, and 
cause the amount to be paid into the state treasury. If the amount 
so due from any county be not paid in a reasonable time after 
such levy term, the auditor may, in the name of the state, apply 



100 School Law of West Virginia. 

to the circuit court of the county for a mandamus to require the 
county court to provide for and pay the same, or he may proceed 
in the name of the state by any other appropriate remedy to 
recover the same. 

INDUSTRIAL HOME FOR GIRLS. 

Location. 

Sec. 253. "The West Virginia Industrial Home" shall remain 
where now located. 

Regents. 

Sec. 254. For the government and control of the said "The 
West Virginia Industrial Home" there shall be a board of regents 
consisting of six persons to be called the regents of the West 
Virginia Industrial Home. The regents now in office shall serve 
for the term for which they were appointed and their successors 
shall be appointed as follows: On or before March thirty-one, 
nineteen hundred and nine, the governor by and with the con- 
sent of the senate shall appoint two regents who shall serve for 
a term of four years and until their successors are appointed and 
qualified; and on or before March thirty-one, nineteen hundred 
and eleven, he shall appoint four regents who shall serve for a 
like term of four years and until their successors are appointed 
and qualified. No two of the regents appointed on this board 
shall be residents of the same senatorial district. The governor 
may fill any vacancy occurring during the recess of the senate 
and any regent thus appointed shall serve until the next meeting 
of the senate. 

The members of the said board of regents shall constitute a 
corporation under the name of "The Regents of the West Virginia 
Industrial Home," and as such may sue and be sued, contract 
and be contracted with, and shall have a common seal. They shall 
have authority to receive, hold and convey any gift, grant or 
devise, and the title to any property now held or hereafter ac- 
quired for said industrial home shall be vested in them. 

A law passed 190° created a State Board of Control consisting of three members and 
a State Board of Regents consisting of five members to have charge of all state institu- 
tions. See Appendix A. 

Quorum. 
*Sec. 255. The board of regents shall biennially choose one of 



^ee Appendix A. 



School Law of West Virginia. 101 

their number president of the board, and in his absence shall 
choose a president pro tempore. A majority of the board shall 
constitute a quorum, but the board may, in its discretion, desig- 
nate business of a nature by it to be specified, which may be trans- 
acted by a stated number of the directors less than a quorum. 

Rules and Regulations. 

*Sec. 256. The board of regents shall make such by-laws, ordin- 
ances, rules and regulations, relative to the management, govern- 
ment, instruction, discipline, training, employment and disposition 
of the girls of the home, not contrary to law, that they may deem 
proper ; and shall appoint such officers, agents and servants as 
they may deem necessary to transact the business and carry on the 
operation of said home, and designate their duties and fix their 
compensation ; but all the officers, agents and servants for the 
internal management shall be women. The board shall adopt rules 
governing the transportation of minors to and from said home. 

Report. 

*Sec. 257. The board of regents shall make an annual report, 
to the governor of all their transactions, of the number of minors 
received by them in said home, the disposition which shall be made 
of such minors, by instructing or employing them therein, or by 
binding them out as apprentice? ; of the receipts and expenditures 
of the board, and generally all such facts and particulars as 
may tend to exhibit the effect, whether beneficial or otherwise, of 
said home. 

Commitment Papers. 

Sec. 258. Girls eligible to be received into said home are those 
who are from seven to eighteen years of age, and who may be 
committed by any justice of the peace of this state, on complaint 
and due proof made to him by the parent, guardian or next friend 
of such girl, that by reason of incorrigible or vicious conduct, such 
girl has rendered her control beyond the power of such parent, 
guardian or next friend, and made it manifestly best that such 
girl should be placed in said home; or by any criminal, circuit or 
intermediate court of this state. Girls may be so committed for 
vagrancy up to eighteen years of age, or where parents, guardians. 



'See Appendix A. 



102 School Law of West Virginia. 

or next friends agree and contract with the board of regents for 
their support and maintenance, or girls up to fifteen years of 
age, who may be found in houses of ill fame or assignation houses, 
upon conviction thereof before any justice of the peace, mayor 
of a town or city; or girls convicted by any of the courts of this 
state of felony or misdemeanor, punishable by imprisonment, the 
judge in his discretion, instead of confining such girl in the county 
jail or sending her to the penitentiary, may transfer such girl so 
convicted to said home, from any county of this state: provided. 
there is room there for such girl. Every girl committed to said 
home shall remain there until she is twenty-one years of age, 
unless sooner discharged by the board of regents. 

Commitment. 

Sec. 259. It shall be the duty of the justice of the peace, mayor 
or other authority, when committing any girl to said home, in 
addition to the commitment, to annex the name and residence of 
the witnesses examined, and the substance of the testimony given 
on which the adjudication was founded, as well as the name and 
residence of the girl, the name of her parents, and their residence, 
if known. Any girl who may be found incorrigible, or pregnant, 
or otherwise an improper subject for admission to said institution, 
may be returned by the board of. regents to the court, justice or 
other authority by whom she was committed, and thereupon such 
court, justice or other authority, shall have power to pass sentence 
as would have been legal in the first instance, as if such girl had 
not been sent to said home. 

Guardian ad Litem. 

See. 260. In all cases coming before a justice, mayor or other 
authority, they shall appoint a guardian ad litem for such girl, 
who shall be some, disinterested person, discreet and careful, and 
who shall see that no injustice is done the girl; and he shall have 
the right to demand a trial for his ward by a jury of twelve men 
to ascertain the truth of the charges against the girl, and said 
jury shall be selected, and trial conducted, as other trials are 
conducted by justices in criminal cases before them. Or, said 
justice or court may, without a jury, try such girl, if no jury is 
demanded by her guardian or next friend. 



School Law of West Virginia. 103 

White and Colored Inmates. 

Sec. 261. The said industrial home shall be exclusively charged 
with the reformation and care of girls, but white and colored shall 
be held separate as far as practicable. 

Apprentices. 

*Sec. 262. The board of regents shall have power to bind out 
such girls as committed to their care as apprentices to the time 
said girls shall arrive at twenty-one years of age, to learn some 
proper trade, business or calling, on such terms as will be advan- 
tageous to such girls ; but such girls so bound out, are to be bound 
only to those whose characters are above reproach, and within 
the state. The indentures by which any girl may be so bound 
shall state for what period she is bound, her age, what trade, art 
or business she is to follow, and that the master shall see that 
for at least five months in each year said apprentice shall be sent 
to the free schools of the state, and shall be bound to furnish 
school books requisite to learn the usual branches taught; the 
amount to be paid said child for each year, if anything above 
the maintenance of said child, and for what year or years, and 
the master shall bind himself with good security to pay the amount 
agreed upon ; which sum of money, if any, contracted to be paid, 
shall be reserved, to be paid said girl or girls so bound, when their 
apprenticeship shall cease, with interest, and said board shall not 
bind out any girl under the provisions of this act, unless the 
master bind himself to comply with the condition thereof, and 
whatever salary said master shall give, shall be paid to the board 
of regents; and it shall be the duty of said board to collect the 
same according to the tenor or effect of such contract, and turn 
the same over to the girl when she arrives at twenty-one years of 
age, or sooner if she marries, when the same shall be turned over 
to her. 

Cruelty to Apprentices. 

Sec. 263. For cruelty or inhuman treatment by such master 
of such apprentice, the circuit court of the county in which such 
master or apprentice may reside, or any justice of the peace of 
any such county shall have jurisdiction to try same, and upon 
conviction of such master for cruel or inhuman treatment of such 
child, such master shall be fined not less than ten nor more than 



''See Appendix A. 



104 School Law of West Virginia. 

one hundred dollars, and may in addition thereto be confined in 
jail not to exceed ninety days. 

Misdemeanor. 

Sec. 264. No master can remove such child out of the county 
where she has been bound by such board, except on the written 
permit of such board; and any person who shall aid or assist any 
girl who has been committed to said institution, or who is subject 
thereof, to escape from any other home or other place where she 
has been placed by the officers of the said institution, or who shall 
aid or assist any such girl to leave this state, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be fined not less 
than five nor more than twenty-five dollars, and any justice of 
the county wherein such offence is committed shall have jurisdic- 
tion thereof. 

Desertion. 

Sec. 265. The circuit court of the county shall in a summary 
way be open to hear any complaint of such master against his 
apprentice or to said apprentice against the master, and shall 
make such order in relation thereto as it shall deem fair and right. 
Any apprentice who shall desert the service of such master shall 
receive no pay (if the pay exceed the maintenance), while such 
desertion continues, and anyone who shall knowingly harbor such 
apprentice shall be liable to said master three dollars for every 
day such harboring or concealing such apprentice exists, to be 
recovered before any courc having jurisdiction. 

CONFLICTING ACTS REPEALED. 

Sec. 266. All acts and parts of acts inconsistent with the pro- 
visions of this chapter are hereby repealed. 



APPENDIX A. 



STATE BOARD OF CONTROL AND STATE BOARD OF REGENTS. 

See. 1. There is hereby created a state board of control, which 
shall be a corporation and as such may contract and be contracted 
with, plead and be impleaded, sue and be sued, and have and use 
a common seal. It shall consist of three members, chosen from 
the two largest political parties, who shall be citizens of the state, 
and not more than two of them shall belong to the dominant party. 
They shall be appointed by the governor, by and with the advice 
and consent of the senate. The members first appointed shall hold 
office as designated by the governor, for two, four and six years, 
respectively, beginning the first day of July, one thousand nine 
hundred and nine. Subsequent appointments shall be made as 
above provided, and except, to fill vacancies, shall be for a period 
of six years. The board shall choose one of its members to be 
president thereof. The governor may remove any member for in- 
competency, neglect of duty, gross immorality, malfeasance in 
office, or for other good cause; and in case of a vacancy, whether 
occurring by reason of removal or otherwise, may declare the office 
vacant, and fill the same by appointment for the unexpired term. 

The salary of each member shall be five thousand dollars a year, 
each shall be paid his actual traveling and other necessary expenses 
when his official duty shall cause him to be away from the capitol, 
but the amount of traveling expenses in any one year for all the 
members of the board, shall not exceed three thousand dollars, ex- 
cept upon written order of the governor. 

The board shall be provided with an office at the seat of govern- 
ment, and with such furniture and clerical assistance as shall be 
necessary- The members shall give their entire time to the duties 
of their office and shall not be eligible to any other lucrative office 
in the state during the term of service or for one year thereafter, 
or to any position in any state institution during the term for 
which he was appointed, nor within one year after his term shall 
have expired. 

Sec. 2. Before any expenses of any member of the board of 
control or the board of regents, or of any officer or agent thereof, 



106 School Law of "West Virginia. 

or before any expenses incurred by any person under the direction 
of either of said boards, or the expenses of any officer or employee 
of any institution under the charge of said boards, shall be paid, 
a full written statement of every item of such expenditure, shall 
be presented to the auditor, duly verified, which verification shall 
state that the expense bill is just, accurate and true, and is claimed 
for cash expended for the purposes named in the statement. Un- 
less the statement is so verified and duly audited, payment thereof 
shall not be made. 

Sec. 3. The board of control shall have full power to manage, 
direct, control, and govern the West Virginia asylum, the second 
hospital for the insane, the "West Virginia hospital for the insane, the 
West Virginia penitentiary, the West Virginia reform school, the 
West Virginia industrial home for girls, miners' hospital No. 1, 
miners' hospital No. 2, miners' hospital No. 3, and the schools for 
the deaf and the blind and such other institutions, except educa- 
tional, as may hereafter be created by law. 

Sec. 4. The board of control shall have charge and control of 
the financial and business affairs of the West Virginia university, 
of the preparatory branches of the university at Montgomery, and 
at Keyser, of the state normal school and its branches, of the West 
Virginia colored instiute and of the Bluefield colored institute 
and have such other control and management of said institutions as 
are in this act provided. 

Sec. 5. The title to all property constituting or belonging to the 
several institutions named in sections three and four and now vest- 
ed in the several boards of directors, or of regents thereof, shall be 
and hereby is vested in said board of control on and after July 
first, one thousand nine hundred and nine ; and the several boards 
now charged with the control and management of said institutions 
shall thereafter have no further legal existence ; and the board of 
control is, without further process of law, authorized and directed 
then to assume control and management of the said institutions 
subject to the provisions of this act. 

Sec. 6. All. funds and moneys belonging to the state which shall 
come under the control or in the possession of the state board of 
control, or of the state board of regents, or any officer, agent or board 
of any of the state institutions shall be paid into the state treasury 
on the last day of each month and be reported to the state board 
of control, under such rules' and regulations as it may prescribe. 
Whenever the appropriations by the legislature are insufficient to 



School Law of West Virginia. 107 

pay the expenses of conducting any of said institutions, the de- 
ficiency shall be certified by the state board of control to the board 
of public works. Such certificate shall state the name of the 
institution, the items and amount in detail certified to be needed, 
and the board of public works may direct the payment of the same 
or any part thereof under chapter sixteen of the acts of one thous- 
and nine hundred and four. 

Sec. 7. The board of control shall appoint a competent secre- 
tary and such other clerical assistants as may be necessary to the 
proper conduct of its business. The salaries or compensation of 
the employees of the board shall be fixed by it, but no salary or 
compensation shall be increasel to exceed the amount appro- 
priated by the legislature to pay the same. The board shall cause 
to be kept at its office a proper and complete set of books and 
accounts with each institution, which shall clearly show every ex- 
penditure authorized and made thereat. The said books shall 
exhibit an account of all appropriations made by the legislature 
concerning any institution named in sections three and four, and 
of all other funds under the control of the board. It shall, in 
conjunction with and subject to the approval of the chief in- 
spector of public accounting, prescribe the form of vouchers, rec- 
ords and methods of keeping accounts at and by each of the institu- 
tions named in sections three and four, such vouchers, records ami 
methods of accounts of the institutions shall be as nearly uni- 
form as possible. The board, or any member thereof, shall have 
the power to investigate the conditions of and to examine and 
check the records of any of said institutions at any time. The 
board shall also have the power to authorize any of its members 
or officers, its book keeper and accountant, or any other employee, 
to proceed to any of the said institutions, and to examine and check 
the records, take inventory of the property thereof, or any of its 
departments, or for any other purpose the board may deem neces- 
sary. Any person doing such work shall receive, in addition to 
regular compensation, pay for actual expenses incurred thereby, 
such expenses to be paid in the manner hereinbefore provided. 
Upon the completion of any such special work the board shall cause 
a full and complete written report of the same to be made to it as 
soon as practicable. 

Sec. 8. It shall be the duty of the board of control to visit at 
least once each six months, each of the institutions named in sec- 
tion three and visit each of the institutions named in section four 



108 School Law of "West Virginia. 

as often as may be necessary, at which time meeting of the 
board shall be regularly held at the institution. During each 
such visitation the board shall thoroughly inspect all the depart- 
ments of the institution and investigate the financial condition 
and management thereof. For the purpose of aiding in any in- 
vestigation, the board shall have the power to summon and com- 
pel the attendance of witnesses, to be examined under oath, which 
any member shall have the power to administer. The board shall 
also have access to all books, papers and property material to any 
investigation, and may order the production of any books, papers or 
property material thereto. Witnesses, other than employees of 
the state, shall be entitled to the same fees as in civil cases in the 
circuit court. It shall be the duty of the board to cause the testi- 
mony taken to be transcribed and filed in the office of the board 
within ten days after the same is taken, or as soon thereafter as 
practicable. Any person refusing or failing to obey the orders of 
the board, issued under the provisions of this section, or to give or 
produce evidence required, shall be reported by the board to the 
proper circuit court or any judge thereof, and shall be dealt with 
by the court as for contempt. It shall be the duty of the board 
to cause each institution named in section three to be visited by 
one or more members, as the case may seem to require, each month. 
The members shall alternate in their monthly visits of inspection. 
Sec. 9. The governor shall, by and with the advice and consent 
of the senate, appoint a superintendent for the West Virginia 
asylum, superintendent for the second hospital for the insane, a 
superintendent for the W T est Virginia hospital for the insane, a 
warden for the penitentiary, a superintendent for the West Vir- 
ginia reform school, a superintendent for the West Virginia indus- 
trial home for girls, a superintendent for miners' hospital No. 1, 
a superintendent for miners' hospital No. 2, a superintendent for 
miners' hospital No. 3, and a superintendent for the schools for the 
deaf and blind. The governor may remove any superintendent 
or warden for incompetency, neglect of duty, gross immorality, 
malfeasance in office, or for other good cause, and in case of va- 
cancy, whether occurring by reason of removal or otherwise, may 
declare the office vacant and fill the same by appointment for the 
unexpired term. The superintendent of each institution and the 
warden of the penitentiary shall have the power to appoint all as- 
sistants and employees required for the management of the in- 
stitution in his charge, the number of said assistants and employees, 



School Law op West Virginia. 109" 

and their compensation, to be first fixed by the state board of con- 
trol. The superintendent of any institution and the warden of the 
penitentiary may, at his pleasure, discharge any person therein 
employed. It shall be the duty of the board to investigate any 
complaint made against the chief executive officer of any institution 
and also against any other officer or employee thereof, if the 
same has not been investigated. The board shall have the power 
to recommend to the governor the removal of any such chief execu- 
tive officer or other officer setting forth in such recommenda- 
tion the reasons for the same. The board shall fix the salaries or 
compensation of the officers and employees of the institutions 
named in section three on or before the first day of July of each 
year, to be paid during the year to commence July first, and no 
change shall be made therein excepting at the time prescribed in 
this section. The salaries or compensation of all officers and em- 
ployees of the several institutions named in sections three and four 
shall be paid monthly, to include the Ias1 d; y of each month. 

The chief officer of each of the institutions named in section three 
shall be furnished quarters, household furniture, board, fuel and 
light for himself and his family ; quarters, household furniture, 
board, fuel and light shall be furnished to such other officers as is 
made necessary by the character of their service, and the board of 
control shall designate those who shall receive the foregoing in 
addition to their salary. 

Sec. 10. The board is authorized to make rules for the proper 
execution of its duties and powers. It shall also have the power 
to adopt rules and regulations for the government of the institu- 
tions, named in sections three and four, and shall therein prescribe, 
consistent with the provisions of this act, the duties of the persons 
connected with the management of the said institutions. 

Sec. 11. The board of control is hereby empowered and re- 
quired to purchase all supplies needed for the proper support and 
maintenance of the institutions named in sections three and four. 
Such supplies shall be purchased whenever practicable under con- 
tract, notice of the same to be published in at least two newspapers 
of general circulation in the state for not less than two weeks ppior 
to the award being made, and printed notice shall be sent to every 
dealer who has requested his name to be placed upon the mailing 
list. The contract shall be awarded to the lowest responsible bid- 
der if the price be a fair and reasonable one and not greater than 
the market value and price. The board is authorized to require 



110 School Law of West Virginia. 

such securities as it may deem proper to accompany the bids sub- 
mitted, and shall also fix the amount of the bond or other security 
that shall be furnished by the person, firm or corporation to whom 
the contract for any supplies is awarded. The board shall have 
the power to reject any and all bids submitted if for any reason it 
is deemed to the best interests of the state to do so, and to re- 
advertise in accordance with the provisions of this section. The 
boards may determine the kind and character of animals to be 
slaughtered for meats for use in the several institutions under 
their control and it shall make such rules and regulations as may 
be necessary for the inspection of meats, poultry, bread and other 
supplies intended for use in any of the said institutions. In 
accepting bids for supplies preference shall be given to citizens of 
this state, other things being equal. Whenever the board shall fail 
to make contracts for supplies the same may be purchased by the 
chief officer in charge of an institution, under such rules and regu- 
lations as shall be prescribed by the board of control. It shall be 
the duty of the chief officer of each institution named in sections 
three and four to cause to be prepared estimates of supplies re- 
quired for the proper conduct and maintenance of the institution 
under his charge, covering periods to be fixed by the board of con- 
trol, and to forward the same to the board in accordance with its 
directions. No member or officer of the board of control, or of the 
state board of regents, and no person in their employ, and no officer 
or employee of any state institution shall be directly or indirectly 
interested in the purchase of supplies, or in any supplies purchased, 
nor in any contract, agreement or undertaking entered into by and 
for any of said institutions; and if he be so interested he shall 
forfeit his office, such contract shall be void, and such person 
shall be liable to the state upon his official bond for all damages. 
No member of said boards, no officer, agent or employee thereof, 
and no officer of any institution under their charge, shall directly 
or indirectly for himself or for another, or for any such insti- 
tution, receive or accept any gift or gratuity or thing of value 
from any dealer in goods, merchandise or supplies which are or 
may be used in such institutions, or from any person, firm or cor- 
poration who are or may be interested in any contract with such 
board for or on account of the state. Any violation of this section 
shall be a misdemeanor, and be punished by a fine of not less than 
twenty-five nor more than five hundred dollars. 

Sec. 12. The power is vested in the board of control to employ 



School Law of West Virginia. Ill 

the services of competent architects for the preparation of plans 
and specifications for all new buildings hereafter to be built by the 
state, or for the remodeling or the construction of additions to 
buildings now existing or hereafter built; to employ competent 
persons to superintend the construction of new buildings or addi- 
tions or repairs to old ones, to call for bids and award contracts for 
the erection of new buildings; provided, that no plans and spe- 
cifications shall be accepted and no contract shall be awarded for 
the erection of a new building, or material addition thereto, until 
after the same has been submitted to and approved by the board of 
public works. The board of control shall have the right to proceed 
with the erection of any new building, or the repairs of, or changes 
in or additions to any buildings already constructed by employing 
thereon the labor of inmates of institutions when in their judg- 
ment it is proper to do so, under such arrangements as can be made 
with contractors for the performance of such work. 

Sec. 13. The state board of control shall prescribe the records 
to be kept for statistical and other purposes in the several institu- 
tions named in sections three and four. It shall require a copy of 
such record to be transmitted to it for the preceding month, and 
the board shall keep in its office in a substantially bound book a 
copy of every report that they may require from the chief officers 
of any institution; and shall have authority to assemble the chief 
officers of the institutions or any of them at its office, for the pur- 
pose of discussing any question which may be common to their 
welfare. The actual expenses made necessary in traveling to and 
from such meeting and while upon its attendance, shall be paid out 
of the contingent fund of the several institutions. All bills on 
account of such expenses shall be made and paid as provided in 
section two of this act. 

Sec. 14. On the first day of October, one thousand nine hundred 
and ten, or as soon thereafter as practicable, and biennially there- 
after, the board of control shall file with the governor a full report 
of all matters herein prescribed, showing the condition of all the 
institutions under its control, the cost of conducting the same dur- 
ing the period covered by the report, naming the buildings con- 
tracted to be erected, at what points, for what purposes the con- 
tract price and the condition of construction, and shall also in- 
clude therein a statement of the work and expenses of the board. 
It shall also incorporate in its report suggestions respecting legisla- 
tion for the benefit of the several institutions under its care, and 



112 School Law of West Virginia. 

shall make estimates of appropriations, which in its opinion are 
necessary for the maintenance and other expenses of the institu- 
tions and for buildings, betterments and other improvements. The 
said report shall also contain such portions of the biennial reports 
made by the chief officers of the several institutions to the board 
as it may deem proper, also statement showing the dates of visita- 
tion made by the board or by any "member thereof to the several 
institutions. In its report shall be included an itemized state- 
ment of the expenses of the board and such other matters as it may 
deem pertinent. There shall also be published in the report full 
and complete lists of the officers and employees of the board and of 
the institutions named in sections three and four, showing the 
annual salary paid and perquisites allowed each officer or employee. 
The governor is hereby empowered to call upon the said board for 
any special report or information relative to any matter coming 
within its authority. The governor may direct the said board to 
make any special investigation into and report upon any matter 
connected with any state institution. 

Sec. 15. The board of control is hereby empowered to accept 
any gift or devise of any property or thing which lawfully may 
be given. If such gift or devise is to any particular institution 
named in sections three and four, whatever profits shall arise from 
its use or investment, shall be paid into the state treasury for the 
use and benefit of the said institution and the board is hereby in- 
vested with the title to the property which is, or may be subject of 
such gift or devise. 

Sec. 16. The board of control shall have charge and control of 
the insurance of all buildings and property of the state and shall 
keep the same properly insured against loss by fire, by explosion of 
steam boilers and the like ; but the insurance of the property of the 
state at the seat of government shall be first authorized by the board 
of public works. The board of control shall keep a record of all 
such insurance which shall show the name of each insurance com- 
pany, the number, date and amount of insurance of each policy 
written by it, the rate of premium, the building or other property 
on which insurance is placed, the period for which written and the 
date of its expiration ; and the amount of insurance upon each 
building and such other matters as the board may deem pertinent. 

Sec. 17. There is hereby created a state board of regents which 
shall be a corporation, and as such may contract and be contracted 
with, plead and be impleaded, sue and be sued, and have and use a 



School Law of West Virginia. 113 

common seal. It shall consist of five members including the state 
superintendent of free schools, who shall be citizens of the state, 
and who shall be chosen from the two largest political parties and 
not more than three members shall belong to the dominant political 
party. On or before the first day of July, one thousand nine hun- 
dred and nine, the governor shall appoint, by and with the advice 
and consent of the senate, four of said regents, one for one year, 
and one for two years, one for three years and one for four years, 
and thereafter one each year for the full term of four years. The 
board shall choose one of its members to be president thereof. The 
governor may remove any member of the board for incompetency, 
neglect of duty, gross immorality, malfeasance in office, or for oth- 
er good cause, and in case of vacancy, whether occurring by reason 
of removal or otherwise, may declare the office vacant and fill the 
same by appointment for the unexpired term. The salary of each 
member of said board, except the state superintendent of schools, 
shall be one thousand dollars a year and in addition thereto he 
shall be paid his actual expenses while so employed, but the state 
superintendent shall be allowed only his necessary expenses while 
serving as a regent and shall receive no per diem. A verified item- 
ized statement of their expenses shall be filed with the state auditor 
to be audited by him before payment therefor, and hereinbefore 
provided. The board may employ a secretary and fix his compen- 
sation. 

Sec. 18. The state board of regents shall have control of the 
educational departments of the several institutions named in sec- 
tion four, on and after July first, one thousand nine hundred and 
nine, and the several boards of regents now in charge of said in- 
stitutions shall have no legal existence after that date. The state 
board of regents shall have authority to employ the head teacher 
or president of the university, the head teacher or superintendent 
of each of the other of said institutions, and the professors, other 
teachers and other employees of such institutions. They shaHfix 
the compensation of such president, superintendents, professors, 
teachers and employees, but such compensation and the number of 
employees, shall be subject to the confirmation of the board of 
control : or if the board of control shall before the beginning of any 
year fix the total amount that shall be paid for the year in compen- 
sation to such president, superintendents, professors and teachers 
and employees, then the board of regents shall fix their respective 
salaries or compensation, but the aggregate thereof shall not exceed 



114 School Law of West Virginia. 

the amount fixed by the board of control and in no case shall the 
amount fixed exceed the appropriation made for the purpose by the 
legislature. 

All rights and duties heretofore belonging to the boards of 
regents of the institutions named in section four, which are not 
in conflict with the provisions of this act, are hereby given to the 
board of regents hereby created. 

Sec. 19. The state board of regents shall have authority in 
consultation with the head teacher, and professors and other teach- 
ers in each institution named in section four, to prescribe the cur- 
riculum or course of study to be pursued therein, and prescribe the 
text books to be used. The said board may make out and publish 
rules and regulations to be observed by all of said institutions, and 
separate rules and regulations for any one of them. The board of 
regents shall also from time to time establish such departments of 
education in literature, science, art, agriculture, military tactics, 
and other departments as they may deem expedient, and as the 
funds for such purposes may warrant, and as the law may permit ; 
also fix the tuition, fees and charges for attending and receiving 
instructions in any of said departments. The state board of re- 
gents shall meet with the state board of control whenever the state 
board of control shall notify them of such meeting. * 

Sec. 20. On the first day of October, one thousand nine hundred 
and ten, or as soon thereafter as practicable, and annually there- 
after, the state board of regents shall make to the governor a full 
report (a copy whereof shall be filed with the state board of con- 
trol at the same time) which shall show their transactions for the 
period covered by the report, the date, place and duration of each 
of their meetings; the amounts paid to each member of the board 
for compensation and expenses separately; the number of persons 
employed about each of their said institutions ; the official designa- 
tion of each of such persons, and the amount and rate of compensa- 
tion paid to him ; and shall report the amount disbursed by them 
of any funds under their control, stating the purposes for whicn 
expended and the amount expended for each purpose, and the 
number of days actually engaged by the persons employed about 
each of their said institutions, including teachers and professors. 
Said report shall also show the number of students actually attend- 
ing each day at each of said institutions, and the number of stu- 
dents enrolled in each school or department of each of said institu- 
tions, and the total cost of each of said schools or departments. 



School Law of West Virginia. 115 

They shall furnish to the state superintendent of free schools all 
data which he may request. They shall make special reports to the 
governor as he may request ; and may in their report make recom- 
mendations respecting legislation needed to promote the welfare of 
their institutions. 

Sec. 21. The state board of control and the state board of re- 
gents shall from time to time as may be necessary, make a report 
to the auditor, which shall state the names of each person employed 
by each of them at any of the institutions named in sections three 
and four, his official designation and the rate of compensation per 
month (or by the day or week if employed for less than a month) 
and out of what funds or appropriation the same is payable. The 
chief officer or head teacher of any such institution, or other person 
who may have been appointed for the purpose by the state board 
of control, shall make out and certify to the auditor at the end of 
each month a list of persons to whom any payments may be due, 
stating for what purpose due, the amount due each person and the 
fund or appropriation from which payable; one copy whereof shall 
be filed in the office of the institution where made, and one in the 
office of the state board of control. If the auditor finds such list cor- 
rect and in accordance with the reports made to him by the state 
board of control, or the state board of regents, he may pay to the 
persons entitled thereto the amounts so certified as due each. 

Sec. 22. The governor may require the state board of control 
or the state board of regents to perform any duty or work per- 
taining to the management and control of any of the institutions 
named in sections three and four and consistent with the object of 
this act. 

Sec. 23. All legal rights which may now belong to or which 
would have accrued to any board of regents or of directors of the 
institutions named in sections three and four, shall belong and ac- 
crue to the state board of control on and after July first, one 
thousand nine hundred and nine ; and nothing in this act contained 
shall be construed as affecting any such rights but the same shall 
be vested in, and may be exercised by said state board of control, 
on and after said date as fully as the same might have been exer- 
cised by any such board of regents or of directors, if this act had 
not become law. And all obligations and liabilities legally in- 
curred by any of said board of regents or board of directors of 
any such institutions shall be assumed by said board of control. 

Sec. 24. Before any member of this board shall enter, upon the 



116 School Law of West Virginia. 

discharge of his duties he shall take an oath to support the consti- 
tution of the United States and the state of West Virginia, condi- 
tioned for the faithful discharge of the duties of his office and enter 
into a bond in a sum of not less than twenty-five thousand dollars, 
to be approved by the board of public works. 

Sec. 25. All acts and parts of acts coming within the purview 
of this act and inconsistent therewith, are hereby repealed. 

ADOPTION OF TEXT BOOKS. 

Sec. 1. There is hereby created a state school book commission, 
which shall consist of the state superintendent of free schools, who 
shall be ex-officio secretary, and eight citizens of the state at 
least five of whom shall be experienced educators of known char- 
acter and ability, and who are at the time of their appointment 
engaged in actual educational work, not more than five of whom 
shall belong to the same political party, who shall be appointed 
by the governor on or before the 1st day of April, 1912, and ev- 
ery fifth year thereafter; said appointees shall take office thirty 
days after their appointments and serve for five years, unless re- 
moved by the governor for good and sufficient cause. Vacancies 
on said commission shall be filled by the govenor by appoint- 
ment. Said appointees shall receive five dollars per day for each 
and every day actually engaged in the work of the commission, 
not exceeding ten days in any one year, and their actual neces- 
sary expenses in connection therewith. Before assuming the 
duties of office they shall each take an oath or affirmation before 
some one qualified by law to administer the same, to faithfully 
and honestly perform their duties as hereinafter prescribed to 
the best of their ability, and that they are in no way interested 
in the preparation, manufacture or sale of any text : books that 
may be submitted to said commission for consideration. Such 
oath or affirmation shall be filed in the office of the state super- 
intendent of free schools. 

Sec. 2. It shall be the duty of the state superintendent of free 
schools during the month of April, 1911, to contract "for the 
period of one year from July 1st following, with the publishers 
thereof, for such text-bookf as are now in use, and for which 
county contracts will expire June 30, 1911, said contracts to be 
made upon the same terms and conditions as are contained in the 
existing county contracts. 



School Law of West Virginia. 117 

Sec. 3. The members of the state school book commission shall 
meet at the office of the state superintendent of free schools on 
the first Tuesday in May, 1912, and each fifth year thereafter, at 
which time they shall ask various publishers of text-books in the 
United States to submit samples and prices of text-books on all 
subjects required to be taught in the free schools of the state, 
viz: spelling, reading, writing, arithmetic, language and gram- 
mar, physiology and hygiene, civil government, state history, 
United States history, general history, book-keeping, geography, 
elementary algebra, plane geometry, elements of agriculture, 
literature, drawing and English dictionaries and such other sub- 
jects which from time to time in the judgment of the board seems 
necessary and best to serve the educational interests of the state. 
The said commission shall select one of its members as chairman, 
and it shall be his duty to preside at all meetings. All bids or 
proposals shall be under seal, and submitted to the chairman of 
said commission to be opened by him in the presence of said com- 
mission at an executive session to be held at the place aforesaid, 
on the first Tuesday in June following. Each bid or proposal 
shall be accompanied by a sufficient number of specimen copies 
of all books offered for adoption, to supply each member of said 
commission. "When said bids and sample copies are submitted 
to the chairman of said commission, each bidder shall deposit 
with the state treasurer such sum of money as said commission 
shall designate ; such deposit to be not less than one thousand 
dollars nor more than three thousand dollars, according to the 
number of books each bidder may propose to supply. Such de- 
posit of any bidder shall be forfeited to the school fund of the 
state, if such bidder shall fail or refuse to make and execute such 
contract and bond as are hereinafter required, in case of the ac- 
ceptance of such bid or any or- all of the books so offered. No bid 
or proposal is to be considered by said commission until such de- 
posit is made, and until the commission is informed in writing 
of the name and address of an agent residing in this state upon 
whom process may be served in any action brought against such 
bidder. 

Sec. 4. Upon the opening of said bids on the first Tuesday in 
June the said commission, having adopted rules governing its 
order of procedure, shall immediately proceed to the considera- 
tion of the merits of the books offered, taking into consideration 
their subject matter, printing, binding and their general suita- 



118 School Law of West Virginia. 

bleness for the purpose intended, as well as the price of said 
books. Said commission shall select and adopt one book, or one 
series of books, and only one, on each subject mentioned in sec- 
tion three of this act, for uniform use in the free schools of this 
state, except as hereinafter provided, taking only those of which in 
their best judgment will come the nearest accomplishing the ends 
desired; provided that no book inferior in quality, or of a parti- 
san or sectarian nature shall be adopted, nor shall any book be 
adopted by less than five affirmative votes; nor shall any book or 
books be changed at the expiration of any five-year contract 
made by said commission upon fewer than six affirmative votes. 
When selections and adoptions of books have been properly 
made, it shall be the duty of the chairman of the state school 
book commission to execute contracts therefor with the publish- 
ers thereof for a period of five years, beginning July 1st, follow- 
ing. Such contracts shall be prepared by the attorney general in 
accordance with the terms and provisions of this act, and shall 
be executed in 'duplicate, one copy held by the contractors and 
one by the secretary of said commission. It shall be the duty of 
said secretary to keep a full and complete record of the proceed- 
ings of the said commission, said record to be kept in his office 
and be open to inspection of any citizen of the state. Should any 
successful bidder fail to contract, or, if for any cause any book 
or books adopted cannot be secured, the commission shall pro- 
ceed at once to the selection and adoption of other books in lieu 
thereof. 

Sec. 5. At the time of the execution of the contract aforesaid 
the contractors shall enter into a bond in the sum of not less than 
ten thousand dollars, payable to the state of West Virginia, con- 
ditioned on the faithful and honest performance of their con- 
tract ; any guaranty company authorized to do business in tha 
state of West Virginia may become surety of said bond, and it 
shall be the duty of the attorney general to prepare and the 
board of public works to approve said bond. After all contracts 
have been executed as herein provided, it shall be the duty of the 
said commission to notify the state treasurer to return all bid- 
ders such cash deposits heretofore required as have not been for- 
feited in accordance with the provisions of this act, receiving 
therefor receipt in duplicate, one copy of which shall be filed 
with the state superintendent of free schools. Any deposit for- 



School Law of West Virginia. 119 

feited in accordance with the provisions of this act shall be 
placed to the credit of the school fund. 

Sec. 6. It shall he the duty of the state school book commis- 
sion at the last meeting aforesaid to fix the prices at which the 
various books adopted shall be sold to patrons, the excess of 
which above contract price representing the profit to the retailer ; 
but in no case shall such profit exceed twenty per cent, of the 
contract price. The state superintendent of free schools shall 
notify each county superintendent of the list of books adopted 
and the prices at which they are to be sold and any person sell- 
ing such books at a higher price than that fixed by the state 
school book commission shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than ten dollars 
nor more than fifty dollars. The books furnished during the 
contract period shall be equal in all respects to the sample 
copies furnished the said commission ; and it shall be the duty 
of the state superintendent of free schools to carefully preserve 
in his office as the standard of quality, sample copies of all books 
contracted for. 

Sec. 7. It shall be the duty of each contractor at his own ex- 
pense to place with responsible dealers, in no fewer than three 
magisterial districts in each county, a sufficient quantity of books 
to supply the demand. He shall also arrange for the exchange of 
books at such places, allowing pupils or Boards of Education not 
less than fifty per cent, of the retail price of new books for the 
old books of like kind and grade displaced. The exchange privi- 
lege shall extend through one entire school year, and the dealer 
making the exchange shall be allowed by the contractors ten per 
cent, of the cash proceeds of same. Any teacher permitting in 
his school the use of any unauthorized book shall be deprived of 
his salary during the period of such violation of this act. Nothing 
in this act is to be construed as preventing the use of supplemen- 
tary readers, provided they do not displace the adopted readers, 
nor the use of more advanced books in such schools as may be 
ready for the same. Boards of education in cities and indepen- 
dent districts containing thirty-five hundred population or more 
may reserve the right to select their own text books ; but should 
they elect to use any of the books adopted by the state school 
book commission they shall purchase them upon the same terms 
as hereinbefore provided, and shall not change them out during 
the period such books are under contract. 



120 School Law of West Virginia. 

Sec. 8. Should any contractor furnish the same books con- 
tracted for in this state, at lower prices to any other state, city 
or county in the United States than the contract prices in this 
state, like conditions prevailing, the same reduction shall imme-' 
diately be made in this state, and the state school book commis- 
sion is directed to require compliance with this provision on pen- 
alty of cancellation of contract with such contractor. 

Sec. 9. It shall be the duty of any contractor to prepare print- 
ed lists, showing the exact titles of his books, the prices at which 
same are to be sold by the dealers, and the prices of same when 
corresponding old books are given in exchange, and send to each 
county superintendent a sufficient number to supply every teach- 
er in the county. It shall be the duty of each county superinten- 
dent to see that the teachers of his county display such printed 
lists for the inspection of the pupils. 

Sec. 10. Complaint in writing to any board of education of any 
district, by any citizen, or by any contractor to the effect that a 
teacher of such district is permitting the use of unauthorized 
books in his school, shall be deemed sufficient cause for investi- 
gation by said board of education, and if such complaint is found 
to be true, the board shall inflict the penalty provided in section 
seven of this act. Members of boards of education who fail or 
refuse to perform the duties required of them in this section shall 
be guilty of a misdemeanor, and upon conviction thereof before 
any justice of the peace, shall be fined not less than twenty-five 
dollars, nor more than fifty dollars. 

Sec. 11. It shall be a part of the terms and conditions of any 
contract made in pursuance of this act that the state of West 
Virginia shall not be liable, in any manner, in any sum whatso- 
ever; but all said contractors shall receive their pay solely from 
the several dealers in each of the counties of the state provided 
in section seven of this act. Such contract shall also provide that 
any pupil, parent or teacher may order books direct from the 
contractors and receive them prepaid at the prices fixed by the 
state school book commission for their sale by dealers in the sev- 
eral counties. Provided, however, that the pay for same shall 
accompany the order. 

Sec. 12. The sum of one thousand dollars, or so much thereof 
as may be necessary, for the year 1912 and each fifth year there- 
after is hereby appropriated for the purpose of defraying the ex- 
pense of the state school book commission, as hereinbefore pro- 



School Law of West Virginia. 121 

vided. The bills for such expenses shall be approved by said 
commission and presented in the usual way for payment out of 
the state treasury. 

Sec. 13. Any member of the state school book commission who 
shall receive, solicit or accept any gift, present or thing of value 
to influence him in his vote for the adoption of books, or any per- 
son who shall either directly or indirectly give or offer to give 
any such gift, present or thing of value to any member of said 
state school book commission to influence him in voting for the 
adoption of books shall be guilty of a felony, and upon conviction 
thereof shall be punished by confinement in the penitentiary of 
this state not less than one year nor more than three years. 

Sec. 14. All acts or parts of acts inconsistent with this act 
are hereby repealed; but nothing in this act contained shall be 
construed as repealing sections thirty-five and thirty-six of chap- 
ter twenty-seven of the acts of the Legislature of West Virginia 
of the extra session of 1908. 

MEDICAL INSPECTION. 

The board of education of each independent school district in 
this state shall and other boards of education may within ninety 
days from the passage hereof and thereafter on the first day of 
January of each year, appoint one or more legally qualified 
practising physicians in said school district to be known as medi- 
cal inspector of schools, fix their salaries and define their duties 
as hereinafter provided, and furnish the necessary stationery and 
printing for records and reports. 

It shall be the duty of the medical inspector of schools to 
separately and. carefully test each pupil in his school once during 
each school year to ascertain if the pupil is suffering from any 
defect or disability that would prevent the pupil receiving the full 
benefit of the school work or if -some modification of the school 
work should be made that the pupil might receive the best edu- 
cational results. 

The medical inspector also shall, at the request of the superin- 
tendent of the school, carefully examine any pupil for evidence 
of infectious or contagious disease or any other condition which 
might prove harmful to other pupils. Whenever any pupil shows 
symptons of smallpox, chickenpox, measles, scarlet fever, tuber- 
culosis, diptheria, influenza, whooping cough, tonsilitis, mumps, 



122 School Law op West Virginia. 

scabies, syphilis and other venereal diseases, trachoma, or other 
contagious disease, the pupil must be sent home and the boards 
of health and education notified in writing by the medical in- 
spector of schools. Any pupil with any of the said diseases can- 
not attend school. 

The medical inspector of schools also shall carefully examine 
each pupil who has been absent from school for five consecutive 
days for contagious or infectious disease, unless the pupil 
shall present to the superintendent of the school a written or 
printed statement in the form hereinafter given, showing that the 
pupil and the house from which the pupil comes is free from infec- 
tious or contagious disease, signed by the attending physician and 
endorsed by the medical inspector of schools. 

The medical inspector of schools also shall, when requested by 
the board of education, conduct investigations, furnish infor- 
mation and advice and to assist to formulate rules of procedure on 
matters pertaining to the lighting, heating, ventilating and sani- 
tation of the school buildings; the hours of study, recesses, exer- 
cises and any other matter pertaining to the health, vitality and 
development of the pupils. And, if deemed necessary, the board 
of education may employ a teacher nurse to investigate the sani- 
tary conditions of the pupil and home. 

The medical inspector also shall keep an accurate and complete 
record of each pupil tested and examined in the following form: 

Date 191 

Pupil Age 

Grade School 

Parent or guardian 

Heart 

Lungs 

Eyes 

Ears : 

Throat , 

Teeth 

Contagious or Infectious Disease 

Skin Disease < 

Special Note • _ 

Recommendation 

Signed M. D. 

Medical Inspector of School. 



School Law of West Vikginia. 123 

And, when any condition is found which, in the opinion of the 
medical inspector would prevent the pupil receiving the full 
benefit of the school work or would be a sympton of infectious or 
contagious disease, the medical inspector shall notify the parent 
or guardian and the superintendent of the school attended, using 
the following form : 

' 191.. 

The parent or guardian of 

attending School 

is hereby notified that examination of this pupil shows abnormal 
condition of 

Take the pupil to your family physician for treatment and advice 
and take this card with you. 

M. D. 

Medical Inspector School. 

and on the reverse side shall be printed 

I have this day examined 

of the Grade School 

and find the following condition 

and have advised as follows 



Signed M. D. 

Dated Physician. 

The physician signing will return card to the pupil who will 
return it to the superintendent of the school attended. 

And. when any pupil shall have been from school for five con- 
secutive days, statement must be made to the superintendent of 
the school attended in the following form: 

Date 191.. 

I have this day examined 

of the School. 

and find this pupil and the house from which the pupil comes 
to be free from infectious or contagious disease. 

Signed M. D. 

Approved : M. D. 

Medical Inspector School. 



124 School Law op West Virginia. 

Holidays. 

Sec. 1. That the following days be regarded, treated and ob- 
served as legal holidays, viz : The first day of January, commonly 
called New Year's Day; the twenty-second day of February, com- 
monly called George Washington's Birthday; the fourth day of 
July, commonly called Independence Day ; . the thirtieth day of 
May, commonly called Memorial Day; the twenty-fifth day of 
December, commonly called Christmas Day; the first Monday in 
September, commonly called Labor Day; the twelfth day of 
February, commonly called Lincoln's Birthday; the twelfth day 
of October, commonly called Columbus Day ; provided, however ; 
that the common and graded schools of this state, the terms of 
which shall have begun and not having expired upon the two last 
named days shall remain in session and hold appropriate ceremo- 
nies in honor of Abraham Lincoln and Christopher Columbus, 
respectively, unless the said days shall fall upon Saturday or 
Sunday; any national or state election day, and all days that 
may be appointed or recommended by the governor of this state 
or the president of the United States as days of thanksgiving, or 
for the general cessation of business ; and when either of said days 
or dates falls on Sunday, then it shall be lawful to observe the 
succeeding Monday as such holiday; provided, that when the re- 
turn day of any summons or other court proceedings or any 
notice or time fixed for holding any Court or doing any official 
act shall fall on either of said holidays, the ensuing secular day 
shall be taken as meant and intended. 

THE CHILD LABOR LAW. ' 
(Regular Session Legislature 1911.) 

Sec. 1. No child under the age of 14 years shall be employed, 
permitted or suffered to work in, about or in connection with any 
factory, mill, workshop, or manufacturing establishment. It shall 
be unlawful for any person, firm, or corporation, without written 
permission from the State Commissioner of Labor or County 
Superintendent of Free Schools to employ any child under 14 
years of age in any business or service whatever during the hours 
when the public schools of the district in which the said child re- 
sides are actually in session. 

Sec. 2. No child under the age of 16 shall be employed, per- 
mitted or suffered to work in, about or in connection with any of 



School Law op West Virginia. 125 

the establishments or occupations named in Section 1 of this Act, 
unless the person, firm or corporation employing such child pro- 
cures and keeps on file, accessible to any truant officer, inspector 
of factories or authorized agent of the Humane Society, an em- 
ployment certificate as hereinafter prescribed. On termination of 
employment of a child whose employment certificate is on file, 
such certificate shall be forthwith returned by the employers to 
the person who issued the same. The employment certificate shall 
be issued only by the Superintendent of Schools, or by persons 
authorized by him in writing, or where there is no Superintendent 
of Schools, then by a person authorized by the local school board : 
provided, that no member of a school board or other person au- 
thorized, as aforesaid, shall have authority to issue such certifi- 
cates to any child then in or about to enter such person's own em- 
ployment or the employment of a firm or corporation of which he is 
a member, officer or employe. The person authorized to issue an 
employment certificate shall not issue such certificate until he has 
received, examined and approved and filed the following papers 
duly executed : 

1. The school record of such child shall be properly filled out 
and signed. 

2. A passport or duly attested transcript of the school cen- 
sus record, showing the date and place of birth of such child. 

3. The affidavit of the parent or guardian or custodian of such 
child, (which shall be required, however, only in case no one of 
the above mentioned proofs of age is obtainable), showing the date 
and place of birth of such child. Such affidavit must be taken 
before the officer issuing the employment certificate, who is here- 
by authorized and required to administer such oath without de- 
manding or receiving any fee therefor. 

No employment certificate shall be issued until the child in 
question has personally appeared before the officer issuing the 
certificate, nor until such officer has satisfied himself that the child 
can read and write legibly simple sentences in the English lan- 
guage, and that the child is i4 years of age or upwards and has 
reached the normal development of a child of its age, and is in 
sufficently sound health and physically able to perform the work 
which it intends to do, which shall be stated. In all cases of 
doubt, such development, health and physical fitness shall be de- 
termined by a medical officer of the board or department of health 
or by a physician appointed by the school board. Every such em- 



126 School Law of West Virginia. 

ployment certificate shall state the race, residence, sex and the 
date and place of birth of the child, and that the papers required 
by the preceding sections have been duly examined, approved and 
filed. Every such certificate shall be signed in the presence of the 
officer issuing the same, by the child in whose name it is issued, 
and it shall show the date of its issue, the school record required 
by the act shall be signed by the principal or chief executive officer 
of the school which such child has atte'nded and shall be furnished 
on demand to a child entitled thereto. It shall contain a statement 
certifying that the child is able to read and legibly write simple 
sentences in the English language, and has received instruction 
equivalent to that given in the first four grades of the common 
schools. Such school record shall also give the date of birth and 
residence of the child as shown on the records of the school. The 
employment certificate provided for must be formulated by the 
State Superintendent of Free Schools and furnished in blank by 
the clerk of the local school board. 

Sec. 3. Whoever, whether he be the employer, parent, guardian 
or custodian of any child, employs, permits or suffers such child 
to be employed or to work in violation of any of the provisions 
of this act, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than $10 nor more than 
$50 for each and every offense. 

Sec. 4. It shall be the duty of the prosecuting attorney to en- 
force the provisions of this act and to prosecute any person, firm 
or corporation charged with violation of the same, before any 
magistrate or court of competent jurisdiction in this state; and 
it shall be the duty of the truant officers, inspectors of factories 
and authorized agents of the Humane Society to expose all vio- 
lations of this act to the prosecuting attorney. All fines collected 
for violations of this act shall be paid into the building fund of 
the school district or independent district in which the offence is 
committed. 



APPENDIX B. 



Forms and Instructions. 



ORDER OF PROCEEDINGS AT THE FIRST, SECOND AND THIRD ANNUAL 
MEETINGS OF THE BOARD. 

FIRST MEETING FIRST MONDAY IN JULY. 

[See Sections 11, 35 and J.5.] 

1. Appoint a secretary. 

2. Appoint trustees for each sub-district. 

3. Determine the number of months the schools shall be taught 
in the district during the school year. 

4. Determine the number of teachc- thd may be employed in 
the sub-districts, allowing at least one for each school house. 

5. Fix the salaries of teachers according to the grade of certifi- 
cate. 

6. Estimate the number of teachers of each grade that will be em- 
ployed. 

7. Ascertain the whole number of months to be taught in the 
district by teachers of each grade. 

8. May establish graded and high schools, change boundaries of 
their sub-districts and provide for the erection of new buildings. 

SECOND MEETING SECOND TUESDAY IN AUGUST. 

[See Section 21.] 

At this meeting the Board shall ascertain the condition of the 
fiscal affairs of the district and make up an itemized statement 
thereof setting forth : 

1. The separate amounts due the building fund and the teach- 
ers' fund from all sources or to become due these funds within the 
current fiscal year. 

2. All debts and demands upon both funds owed by the district 
or to become due and payable within the current year. 

3. All other expenditures to be made and payable out of each 
fund within the current fiscal year. 

4. The separate amounts necessary to be raised for each fund 
and the proposed rates of levy. 



128 School Law of West Virginia. 

5. The aggregate value of all taxable property in the district, 
stating separately the assessed value of real estate, personal prop- 
erty and property assessed by the Board of Public Works. 

A copy of the above statement shall be prepared and certified for 
publication as required by Section 21. The Board shall then stand 
adjourned until the fourth Tuesday in August. 

THIRD MEETING FOURTH TUESDAY IN AUGUST. 

[See Section 21.] 

The Board shall at this meeting transact the following business : 

1. Hear and consider any objections made as provided for in 
Section 21, to their estimate and proposed levy. 

2. Enter an order of record showing the objections made and 
the reasons for the same. 

3. Eeconsider the original estimate and proposed rate of levy 
and correct the same if the objections appear to be well taken. 

4. Enter of record the corrections made. 

5. Lay the levy. 

The following calculations will be convenient for reference in 
making levies for school purposes : 

Number of teachers to be employed in the district 20 

Number of months to be taught during the year 6 

Amount of money to pay all teachers (estimated) $4,380 

This estimate is made as follows : 

10 No. 1 grade teachers at $40 per mo 400 

6 No. 2 grade teachers at $35 per mo 210 

4 No. 3 grade teachers at $30 per mo 120 

Monthly pay $ 730 

Number of months 6 

Total for term $4,380 

Deduct amount on hand including amount of general school 

fund 1,880 

Amount to be raised for teachers' fund $ 2,500 

To ascertain the number of cents to be levied on every one hun- 
dred dollars' valuation of property in the district to raise $2,500 
by taxation, suppose the whole valuation in the district to be $600,- 
000. 



School Law of West Virginia. 129 

Rule— Drop the cents, if any, and add four ciphers to the 
amount in dollars to be raised by the levy, and divide by the 
amount in dollars taxable property. 

Example : 600,000 ) 25,000,000 ( 41 2-3 cents 
24,000,000 

1,000,000 
600,000 

400,000 

equals 2-3 

600,000 
Similar calculations should be made in relation to the Building 
Fund. 

FORM NO. I. 

FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDU- 
CATION. 

Office of the Board of Education ) 

District, in the County of ) 

West Virginia. 

At a meeting of the Board of Education held on the .... day of 

, 19 . . , there were present, president, and 

and , members of the board. 

On motion of , it is ordered that be, and he is 

hereby appointed Secretary of this Board. 

On motion it is ordered that the following named persons be ap- 
pointed trustees in the following named sub-districts, for a term of 
three years, and until their successors are appointed and qualified : 

Trustee for Sub-District No. 1. 



Trustee for Sub-District No. 2. 

r 

On motion of , it is ordered that the salaries of teachers 

per month for the school year, shall be as follows, according to the 
grade of their certificate: For grade No. 1, $....; for grade No. 
2, $ ; for grade No. 3 $ 



130 School Law of West Virginia. 

It is found by the board that in addition to the, available funds 
now on hand, $. . . . will be necessary for the payment of teachers' 

salaries for the current year, and on motion of , it is ordered 

that a tax of .... cents on the one hundred dollars' valuation of 
the real estate and personal property of the district be levied for 
that purpose. 

(A similar order should be entered in relation to the levy for 
Building Fund.) 

On motion of , it is ordered that the president and sec- 
retary of this board be authorized to sign, in vacation, all proper 
orders for the payment of money out of the teachers' fund or the 
building fund, for the salaries of teachers employed and claims 
allowed by the board, and that they report the orders drawn on 
each fund, at the next meeting of this board. 

The secretary of this board made a report this day for the several 
orders drawn by him and the president, on the teachers' fund and 
the building fund, respectively, since the last meeting of the board, 

as follows: An order on the teachers' fund, in favor of , 

a teacher, for $....; an order in favor of , a teacher, for 

$....; also an order on the building fund, in favor of , for 

work done on school house, for $....; and an order, in 

favor of for furnishing wood for school house, 

for $ 

On motion of , it is ordered that when in the opinion of 

the president or of the two commissioners it is deemed necessary, 
the president or secretary may call a special meeting of this board. 

On motion the board does now adjourn. 



Secretary. President. 

FORM NO. II. 

ORDER of appointment to fill a vacancy in the board op 

TRUSTEES. 

[To be entered in records of the board.] 

There being a vacancy in the board of trustees in sub-district No. 

, in the district of , . , on motion of , it 

is ordered that be, and he is hereby appointed to fill said 

vacancy for the unexpired term, and till his successor shall be ap- 
pointed and qualified. 

Note: — This order of appointment should be entered in the record book of the board 
of education at a regular meeting and a copy of it signed by the secretary of the board 
served upon the appointee. 



School Law op West Virginia. 131 

FORM NO. III. 

APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A 

VACANCY. 

Office of County Superintendent, ) 

of the County of ) 

, West Virginia, ,19 ... . 

It having been made known to me that there is a vacancy in the 

board of education in district in my said county, I 

, county superintendent of said county, in pursuance 

of the authority vested in me by law, hereby appoint 

to fill the vacancy in said board for the unexpired term. 

, County Superintendent. 

FORM NO. IV. 

OATH OF OFFICE. 

State of West Virginia, County of , to-wit: 

I, , do solemnly swear (or affirm) that I will support 

the Constitution of the United States, and the Constitution of this 
State, and that I will faithfully discharge the duties of my office of 

to the best of my skill and judgment. So help me 

God. 

A B . 

Sworn to and subscribed before me, , a justice of 

the peace, this .... day of , 19 . . . 

C D , J. P. 

FORM NO. V. 

FORM TO BE USED IN THE SETTLEMENT BY THE SHERIFF WITH THE 

SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 30TH 

DAY OF JUNE IN EACH YEAR. 

, Sheriff of county, in account with 



132 



School Law op West Virginia. 



the Teachers' Fund of 
June 30, 19... 



district for the year ending 



To balance due District on settlement for year ending June 30, 19. .. 

To amount due from State School Fund for the year ending June 30, 19... 

To amount levied on a valuation of $. . . for the year ending June 30, 19. . . 

at cents on each hundred dollars valuation 

To amount received from other sources for the year ending June 30, 19... 

[Itemize each sum received from "other sources," giving date, amount 
and from whom received.] 

Total debits 

By balance due sheriff on settlement for the year ending June 30, 19... 
By sundry school orders paid to date - .- 

[The No., date and name of person to whom each order was drawn, 
with the actual amount paid thereon by the officer presenting it, should be 
given in detail.] 

By commission at 5 per cent, on net district levies 

By 2 per cent, commission on railroad levy 

By exonerations — (Name each person exonerated, the name and for what 

year the exoneration is made) 

By delinquent list for the year ending June 30, 19... 

Total credits 

Balance due district, (or sheriff, as the case may be) 



FORM NO. VI. 



call fob special meeting. 
Office of 



) 



District, ) 

County, W. Va. ) 

• , 19.- 

It appearing to that a special meeting of the board 

of education of said district is necessary to transact business relat- 
ing to and other matters, a meeting is hereby called 

at at o'clock M., 19 . . 

You are requested to be present. 

Secretary. 

To 

FORM NO. VII. 

FOR transfer. 



District, ) 

County, W. Va. ) 

Sub-District, No. 

It appearing to the undersigned, trustees of sub-district 

that , children of of 



School Law of West Virginia. 133 

sub-district are situated as to be better accommodated 

in sub-district No , district, County, W. Va., 

this is to certify that said trustees have this day, as required by 
law, transferred them to that district. This transfer is to com- 
mence on the .... day of , 19 . . , and continue in force 

months. 

To the Trustees of Sub- ) ) 

Dist. No. . . of . . Dist., ) ) Trustees. 

County, W. Va. ) ) 

On the reverse of the transfer (Form VII) the following endorse- 
ment may be made : 

Transfer of .... scholars from sub-district No , Dis- 
trict, County, to sub-district No , District, 

County, W. Va. 

We the trustees of the last named sub-district, this day 

•accept the within transfer in accordance with sec. 66 school law, 

,19..:. 

) 

) Trustees. 

) 

*0r refuse to accept. 

Note : — Trustees accepting transfers from other districts should transmit them to 
their board of education, there to be kept on file for the information of the board in 
making settlements for the amount due for the transferred pupils. 

Trustees making transfers should furnish their board with information of all 
transfers made by them, to enable the board to provide for the payment of the pro- 
rata expenses of the transferred pupils. The following form may be used by the 
trustees : 

To the President of the Board of Education of District: 

This is to certify that the undersigned, trustees of sub-district 

No District have transferred as required by law 

pupils, the children of , from this sub-district to No , 

District, County, to begin on the .... day of 

, 19 . . , and continue .... months. 

) 

) Trustees. 

) 

FORM NO VII. 

CONTRACT BETWEEN TRUSTEES AND TEACHERS. 

This Contract Witnesseth, That , 

and , trustees of sub-district No in the 



134 School Law of West Virginia. 

district of , and county of , West Vir- 
ginia, of the first part, having met together as required by section 

56 of the School Law, and , a teacher holding a 

No teacher's certificate, of the second part, have this day 

agreed that said shall teach the free school in said 

sub-district, for the term of .... months, commencing on the 

day of , 19 . . , for the sum of dollars per month, 

and that for said services, properly rendered, the trustees afore- 
said will pay, as prescribed by law, the amount of salary due said 

according to the terms of this contract, provided 

said teacher complies with the law relative to institute attendance 
and the following conditions of this contract : 

It is further agreed that if the relationship exists between the 
parties to this contract prohibited by Section 58 of the School Law, 
that this contract shall be void and the second party shall not be 
entitled to receive from the Board of Education any compensation 
for the teaching of the school, or any part thereof, under this con- 
tract. 

The second party represents that he is not at this time under an 
agreement to teach any other school which will interfere with the 
teaching of this school under this agreement, and agrees that he will 
not hereafter make an agreement to teach another school which will 
interfere with his teaching the term of school provided for in this 
contract. 

And he agrees to forfeit to the first party an amount equal to one 
month's salary under this contract, in the event he without legal 
excuse fails or refuses to complete the term of school by this con* 
tract agreed to be taught ; which amount, if already paid to the sec- 
ond party by the Board of Education of said district at the time the 
second party quits said school before the expiration of the term, 
may be recovered by and in the name of the Board of Education in 
any proper action therefor. 

It is further agreed that, if for any legitimate cause the school is 
not begun on the date mentioned, or if for any cause it is by the 
first party discontinued or suspended, neither party shall have re- 
course on the other for damages. 

Witness our hands, this .... day of 19 . . 

) 

) Trustees. 

) 

Teacher. 



School Law op West Virginia. 135 

*I represent myself to be worth more than Four Hundred Dol- 
lars over and above my debts and liabilities; and I hereby agree 

to pay to the Board of Education of 

District an amount equal to one month's salary of the teacher of 
the above contract, if the above named teacher, without legal ex- 
cuse therefor, fails or refuses to teach the full term of school pro- 
vided for in the above contract 

Date 

FORM NO. IX. 

secretary's notice to county superintendent, assessor and 
county clerk. of rate of levies. 

Office of Secretary Board of Education. 

, 19. . *To of county,' 

iAt a meeting of the board of education of district 

of said county, held on the .... day of , 19 . . , it was 

ordered that levies for the support of the free schools of the district 
for the year beginning the first day of July, 19. ., be made for the 
respective funds at the following rates: 

For Teachers' Fund, cents on the $100 valuation. 

For Building Fund, cents on the $100 valuation. 

Respectfully. 
, Secretary 

FORM X. 

county superintendent's certificate to secretaries of the 
amount of railroad tax. 

Office County Superintendent Free Schools. 

To the Sec'y Board of Education of District, 

County, West Virginia. 

You are hereby notified that the amount due your district for 



♦Where the party of the second part is a minor or unknown to the trustees, the 
above bond may be required. 

*Write Assessor, Clerk of County Court, or County Superintendent as the case may 
be. Each must be notified promptly. 



136 School Law of West Virginia. 

school purposes and chargeable to the Sheriff on the respective ac- 
counts of Teachers' and Building Funds in proportion to the rate 
of levy for each, for the school year ending June 30, 19 . . , from 

the Railroad Company is Dollars. 

Given under my hand this .... day of , 19 . . . 

Dated , 19 County Sup 't County. 

"When the County Superintendent is notified by the Auditor of 
the amount paid into the treasury by the Railroad Company to the 
credit of any district for school purposes; or, is notified of the 
amount of Railroad tax certified by the Auditor to the Sheriff of 
the County for collection for school purposes, he should, without 
delay, notify (on this blank) the Secretaries of the respective 
Boards of Education of the amount due them from the different 
Railroad companies that have property in their respective districts. 
The secretaries of the Boards, when they are notified as above di- 
rected, should divide the amounts so reported, between the Teach- 
ers' and Building Funds in proportion to the rate of levy made for 
each. The amounts should then be charged up to the Sheriff on ac- 
count of the respective Funds. 

FORM NO. XI. 

county superintendent's certificate to the auditor of distri- 
bution OF STATE FUND FOR HIS COUNTY. 

Office County Superintendent Free Schools ) 
, County, W. Va.,. ....... 19. .. . ) 

To the Auditor of the State of West Virginia. 

Sm: — The following shows the apportionment made by me, to 

the several school districts of the county of , for the 

school year commencing July 1st, 19 . . 

Whole amount certified by State Superintendent, $ 

Amount deducted for salary of County Superintendent, 



School Law of West Virginia. 



137 



Whole amount distributed to the several school districts, 
Amount distributed to each school district respectively: 



Pavment of 
DISTRICTS. Sept. 15th. 


Payment of | 
Dec. 15th. | Total. 






$ 




$ 






































































































, 












































$ 
























INDEPENDENT DISTRICTS. 


















$ 




$ 










































































Total 


$ 

























, County Superintendent 
of 



County. 



Section 42 of the School Law requires county superintendents to 
apportion the State Fund among the several districts of their re- 
spective counties and to report the same on this form to the 
Auditor. 



13S School Law of West Virginia. 

FORM NO. XII. 

county superintendent's certificate to secretaries of the 
amount of state fund. 

Office of County Superintendent Free Schools. 

County, West Virginia. 

19.. 

To the Secretary of the Board of Education of District. 

I hereby certify that the amount of State School Fund appor- 
tioned to your district for the school year beginning on the 1st day 

of July. 19 . . , is 

dollars. 

Enumeration for 19 . . , (corrected) 

County Superintendent. 

The amount will be paid to the sheriff of the county in two equal 
installments, on September 15th. and on December 15th, next, 
provided your board levy for a sum, which, together with the bal- 
ance on hand, funds from other sources, and this State fund, will 
be sufficient to pay for having the schools of your district taught 
for at least six months of the year. You will charge the sheriff 
with the above amount on account of the teachers' fund. 

As soon as the county superintendent receives notice from the 
State Superintendent of the amount apportioned to his county, he 
should apportion the amount among the respective districts and 
independent districts, according to the number of youths between 
6 and 21 in each, ascertained by the last enumeration, and should 
thereupon notify the respective secretaries on this blank (Form 
18) without delay. 

FORM NO. XIII. 

assessor's notice to secretaries of valuation of personal 

property. 

Office of Assessor. 

of County. 

West Virginia. 

To the Secretary of the Board of Education of District: 

The assessed valuation of the personal property in your district 



School Law of West Virginia. 139 

on the first day of January, 19 . . . aggregates $ 

Given under my hand the day of , 19 . . . 

Assessor. 

P. 0. Address, 



A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it on the 
second Tuesday in August, at the second annual meeting of the 
board of education. 

The assessor shall make out and deliver to the secretary of the 
board of education of each district and independent district in his 
county on or before the second Tuesday in August in each year, a 
certificate showing the aggregate value of all personal property 
and real estate in such district or independent district, and to the 
county superintendent of free schools a certificate of the aggregate 
value of such property in the county, which certificates shall serve 
as the basis for the school levies for the ensuing year. (Sec. 48 of 
the School Law. 

Any assessor, clerk of the county court, secretary of a board of 
education, or county superintendent who fails to perform Ihe 
duties required of him in sections forty-eight and forty-nine of 
this chapter, shall be guilty of a misdemeanor and shall upon con- 
viction thereof be fined twenty dollars. (Sec. 50 of the School 
Law.) 

FORM NO. XIV. 

county clerk's notice to secretaries of assessed valuation of 

real estate. 

Office Clerk County Court. 

County, 

"West Virginia. 

To the Secretary Board of Education of District: 

The assessed valuation of the real estate in your district on the 

first day of January, 19. ., aggregates $ 

Given under my hand the day of , 19 . . 

Clerk of County Court. 
A copy of this notice should be sent to the secretary of each dis- 



140 School Law op West Virginia. 

trict at the very earliest moment possible, as he must have it at the 
annual meeting of the board of education on the second Tuesday 
in August. (See Sec. 48 of the School law.) 

FORM XV. 

county clerk's notice to secretaries of delinquent lists. 

Office Clerk County Court. 

County, 

West Virginia. 

To the Secretary Board of Education District •. 

The sheriff of county is entitled to credits for the 

delinquent list (including property erroneously and improperly 
charged) for the year ending June 30, 19. . : 

On Real Estate for Teachers' Fund, $ 

On Personal Property for Teachers ' Fund, $ 

Total for Teachers' Fund, $ 

On Real Estate for Building Fund, $ 

On Personal Property for Building Fund, $ 

Total for Building Fund, $ 

You will charge the sheriff with the following amounts, certified 
by the Auditor as paid to the sheriff on account of redemption of 
delinquent lands paid into the treasury before sale: 

For Teachers' Fund, $ 

For Building Fund, $ 

Given under my hand this day of 19 . . 



Clerk County Court. 
(See Sec. 44 of the School law.) 

FORM NO. XVI. 

TRUANT OFFICER'S NOTICE. 

, W. Va., ,19.. 



M. 



Dear 

You are hereby notified that the attendance of 
and 



School Law op West Virginia. 141 

being under your control are- required to attend school and accord- 
ing to the provisions of section 73 Chapter 45 of the Code as re- 
vised by the Legislature of 1908, (Extra Session) such attendance 
must commence at once on receipt of this notice unless due cause 
be shown why such child or children should not attend. 

Should you fail to comply with the requirements of this law, you 
will be subject to a fine of two dollars for the first offence and five 
dollars for each subsequent offence. 

Respectfully, 

Truant Officer, 

District County, West Virginia. 



Note: — This notice should be mailed where practicable, otherwise it must be delivered 
by the truant officer in person or sent by a reliable carrier. 



FORM NO. XVII. 

TRUANT OFFICER'S REPORT TO BOARD. 

Members Board of Education, District, County, 

West Virginia. 

Gentlemen : I hereby certify that I have investigated 

cases under the truancy law during the month of , 19 . . , 

of which number were prosecuted and con- 
victed. I have mailed .... notices, delivered in person .... noti- 
ces or sent by other means .... notices. 

In all I have spent hours* or days and .... hours 

in the discharge of my duties as truant officer. 

Respectfully, 

, Truant Officer, 

District, County, W. Va. 

Personally appeared before me of 

County, the said and, on oath, says that the above 

report is true and correct, to the best of his knowledge and belief. 

Given under my hand this day of , 19. . 



*Note: — Nine hours should be reckoned as constituting a day. 



142 School Law of West Virginia. 

FORM NO. XVIII. 

TRUANT OFFICER'S STATEMENT TO SHERIFF. 



,, W. Va., 19.. 



M. 



Sheriff of County, 

W. Va. 

Dear Sir: Under the provisions of Sec. 73, Chap. 45 of the 
Code, as revised by the Legislature of 1908 (Extra Session,) the 

following fines were imposed in District, 

County, under my jurisdiction during the month of 

19..: 



1 1 

NAME. Address. Date. 

1 1 


| Amount 1 Child for Which 1 Age of 
of Fine ] Fined. f Child. 

i r 








$ 
































" 



























































































































































School Law of West Virginia. 143 

FORM NO. XIX. 

STATEMENT OF APPORTIONMENT OF THE GENERAL SCHOOL FUND. 

STATE OF WEST VIRGINIA, 

Department of Free Schools. 
Charleston, June, 19 

To , County Superintendent, 

, W. Va. 

Dear Sir: 

The following is the amount of the General School Fund appor- 
tioned to your county for the year beginning July 1, 19.., and 
ending June 30, 19. . : 

Net amount apportioned $ 

County Superintendent's salary $ 

Gross amount apportioned $ 

Total enumeration of your county, 

You will please make the apportionment of the above NET 
amount among the several districts of your county at once that the 
boards of education may have the same in their hands at their sec- 
ond meeting on the second Tuesday in August. 

Respectfully, 



State Superintendent of Free Schools. 



INDEX 



Page. Sec. 

Abstract of proceedings of board to be posted, where, when ' 32 46 

Accounts and settlements to be made with reference to school year 11 1 

Accounts, sheriff to keep with boards 01 138 

Account of special debt levy to be kept separate 21 24 

Account of institute expenses to be read 51 109 

Action against school officers, when 22 25 

Action of trustees may be revised 37 65 

Action against sheriff 64 147 

Acts prohibited 22 25 

Additional levy : 

for districts with towns and cities having more than six months' term 18 21c 

for current expenses 20 22 

when and how made 20 22 

to pay interest on bonded indebtedness and provide sinking fund. ... 20 22 

vote upon 20 22 

ballot for 20 22 

Additional salary: 

may be paid by board of any sub-district 25 29 

in graded and high schools 25 29 

Additional term: 

how provided for 23 27 

ballot for 24 27 

Advice and consent of county superintendent to purchase apparatus. ... 15 13 

Affidavit verifying report of enumeration 50 102 

Age, legal of school attendance 39 69 

of children admitted to kindergarten schools 28 34 

of compulsory school attendance 39 72 

Agents of the board of the school fund 66 155 

Agent, no school teacher or officer to act as 66 156 

Aggregate of taxable property to be set forth 17 21c 

Agriculture, elementary . 41 78 

Agricultural experiment station (see W. Va. University.) 

Alcoholic drinks and narcotics; nature of to be taught 42 78 

Allowance to be made for delinquent taxes 17 21c 

Amendment, constitutional, concerning the school fund 9 

Apparatus : 

to be purchased by board 14 13 

to be kept in repair 14 13 

to be purchased only by advice and consent of county superintendent 15 13 

for joint schools 16 18 

definition of 68 161 

value and kind of must be reported by trustees 37 63 

Appeal to county superintendent, when 14 12 

to circuit court, when , 14 12 

Applicants for certificates : 

to receive statement of grades, when " 45 37 

to receive but two third grade certificates 45 87 

not to receive more than one certificate of same grade in one year. .45 87 

fee to be paid by 46 91 

to be examined in what 43 g2 

(See also certificates.) 



66 
81 



146 Index. 



Appointment : Page. Sec. 

of secretary 31 45 

of trustees 34 53 

of teachers 35 56 

of certain persons as teacher prohibited 35 58 

of truant officers 40 73 

of state board of education 58 130 

of district superintendent 68 163 

of state board of control Appendix A 105 1 

of members state book commission " " 116 1 

of physicians as medical inspectors " " 121 

of state board of regents " " 113 17 

Apportionment of general school fund 30 40-42 

Approval of location and plans by county superintendent 15 14 

Approval of trustees in transferring pupils 38 

Appropriation for examination of teachers 42 

Assessor : 

to make certificates of valuations to secretary and county superinten- 
dent, when 32 48 

certificates of to serve as basis for school levy 33 48 

rate of levy to be reported to by secretary 33 49 

penalty upon, for what 33 50 

Assistant examiners : 

number of, how determined 46 90 

compensation of 46 90 

Assistants in examination of manuscripts 43 84 

Attendance at county institute required 51 106 

Attendance at district institute, credit for 52 111 

Attendance at school, to whom permitted 39 69 

Attendance, compulsory (See Compulsory Attendance.) 
Attorney General : 

to institute proceedings, when (See School Fund.) 

to prepare forms and instruction for certain elections 23 

Auditor : 

part of examination fees to be sent to 46 91 

part of institute fees to be sent to 51 109 

to report condition of school fund, when, to whom 65 151 

to deduct what from general school fund 30 40 

to ascertain amount of general school fund to be distributed and 

report to state superintendent 30 41 

report of valuation and levy to be made to by county superintendent 33 49 
August : 

second Tuesday in, second meeting of board 17 21 

fourth Tuesday in, third meeting of board 17 21c 

Authority of Teachers 48 97 

Balance in sheriff's hands turned over to successor 64 149 

Balance from supplementary fund, if any, to revert to general school 

fund 19 21c 

Balance from special debt levy to revert to what 22 24 

Ballot : 

for vote on levy 16 20 

for vote on additional levy to pay interest on bonds, etc 20 22 

for vote on extension of term 23 27 

for vote on district high school 25 30 

Blanks to be prepared by state superintendent 57 126 

Blanks and forms (See Appendix B.) 

Blind, West Virginia school for 88 

Bluefield Colored Institute 86 

Board of Education, the State (See State Board of Education.) 
Board of Education : 

how constituted 11 3 



26 



Index. 147 



Board of Education. — Continued. Page. Sec. 

election of H 3 

term of H 3 

a corporation 12 7 

powers of as a corporation 12 7 

liability as a corporation 12 7 

process and notice may be served on 12 8 

to receive, hold and dispose of what 12 8 

to be deemed owner of what 13 8 

title to property vested in 13 8 

to obtain general warranty deed 13 8 

to retain school property, when 13 10 

to sell school property, when 13 10 

to have control of schools 13 11 

to determine number and location of schools 13 11 

to establish graded schools when necessary 13 11 

to establish high schools 13 11 

to change boundaries of sub-districts 13 11 

may increase or decrease number of sub-districts 13 11 

to enter on minute book, boundaries of districts and sub-districts. ... 14 11 

to provide sites and buildings 14 13 

to locate buildings with reference to convenience of pupils 14 13 

to improve school grounds 14 13 

to provide furniture, etc 14 13 

to keep furniture, etc., in repair 14 13 

to obtain advice and consent of county superintendent before pur- 
chasing what 15 13 

to have regard to what in construction of buildings 15 14 

may condemn land 15 15 

to cause schools to be taught 15 16 

to employ teachers, when 15 16 

may discontinue school, when 15 17 

may provide building jointly 16 18 

to hold title to joint building 16 18 

to require bond of contractors 16 19 

to hold meeting on second Tuesday in August 17 21 

to ascertain condition of fiscal affairs in district and make up item- 
ized statement 17 21 

statement of to set forth what (a, b, c.) 17 21 

to convene fourth Tuesday in August 17 21c 

to hear and consider objections to estimate and proposed levy 17 21c 

to enter order of record showing objections 17 21c 

to reconsider and correct estimate and levies, when 18 21c 

to lay levy after making corrections 18 21c 

may levy for support of high school 18 21c 

may increase levy to pay interest on outstanding bonds 18 21c 

may enter an order relating to additional levy 20 22 

to submit to vote question of additional levy 20 22 

may lay additional levy for current expenses 20 22 

may lay additional levy for interest on bonds 20 22 

may continue to lay interest levy without additional vote, how long. . 21 22 

may submit to voters question of special debt levy 21 24 

may continue special debt levy 22 24 

may extend term 23 27 

shall submit question of longer term to vote, when 23 27 

shall notify ballot commissioners of election for longer term 23 27 

shall provide for extension of term, when 24 27 

shall fix salaries of teachers at first meeting 24 27% 

shall fix number of teachers at first meeting 24 27 V> 

shall have regard for grade of certificate in fixing salaries 24 27% 

may establish graded schools in certain towns and villages 24 28 



148 Index. 



Board of Education. — Continued. Page Sec. 

may establish high schools in towns having four or more schools. ... 24 28 

to have charge of graded and high schools provided for in section 28 25 28 

shall extend term in graded schools, when 25 28 

may pay more than minimum salaries to teachers 25 29 

may pay additional salary to teachers in graded and high schools. ... 25 29 

may submit to vote question of district high school 25 30 

to publish notice setting forth what, concerning district high school 25 30 

to establish district high school, when 25 30 

may hold meetings when -. 27 32 

may transact what business at a special meeting 27 32 

may do official business when only 27 32 

quorum of 27 32 

compensation of 27 33 

to attend county teacher's institutes 27 33 

to prescribe qualifications of kindergarten teachers 28 34 

may prescribe free text-books 28 35 

may purchase free text-books 28 35 

may purchase books for school libraries under certain restrictions 29 37 

may borrow money and issue bonds, when, for what purpose 29 39 

must submit question of bond issue to vote 30 39 

may appoint secretary, when 31 45 

shall appoint trustees, when 34 53 

to furnish trustees with record books 34 53% 

may remove teachers for what 35 58 

may declare teachers' contract void, when 35 58 

may remove trustees 34 54 

trustees to make report to concerning what 37 63 

shall pay expenses of trustees, when, from what fund 37 64 

to have supervision of trustees 37 65 

may revise action of trustees, when 37 65 

shall pay for tuition of transferred pupils 38 67 

may abolish sub-districts and consolidate schools, when 38 68 

to establish schools for colored youth 39 70 

may be compelled by mandamus to divide funds 39 71 

shall appoint truant officers 40 73 

to pay truant officer, when 41 77 

may make uniform certificates valid in independent districts 44 86 

to pay for taking enumeration, when 50 103 

account to be kept with by sheriff 61 138 

sheriff to make settlement with 61 139 

to examine statement and vouchers of sheriff 62 141 

to retain copy of sheriff's settlement 62 141 

failure to make settlement 64 148 

not to be interested in contracts 67 158 

penalty upon for failure to perform duty 67 159 

may purchase flags and have them displayed 68 162 

may provide for district supervision; shall when 68 163 

may take entire charge of schools so supervised 69 164 

Board of Examiners, State (See State Board of Education.) 

Board of public works, shall transfer funds from state fund to general 

school fund, when . 30 40 

Board of Control (See State Board of Control.) 

Board of Regents (See State Board of Regents.) 

Board of the School Fund (See School Fund.) 

Bond: 

of county superintendent 53 115 

additional, of sheriff 61 137 

may be required of agents of board of school fund 66 155 

required of contractor 16 19 

Bonded indebtedness, constitutional provision 7 



Index. 149 



Bonded Indebtedness. — Continued. Page. Sec. 

additional levy for 20 

Bonds : 

outstanding, increase in levy for 13 21c 

outstanding, levy for to be continued 21 

may be issued in any district or independent district 29 39 

payable when 29 39 

interest on must be provided for 29 39 

limitation concerning 29 39 

question of must be submitted to vote and must receive three- 
fifths of all votes cast 30 39 

Books, School Text (see text-books.) 

Books, Free Text (see free text-books.) 

Books for School Libraries : 

may be purchased by board 29 37 

maximum amount to be expended for 2:) 3 1 

must be selected from list prescribed by state superintendent 29 37 

state superintendent to prescribe list of 58 129 

Boundaries of Sub-Districts ; 

may be changed 13 11 

to be recorded in minute book 14 11 

Branches in which teachers examined 4" 82 

Building and repairing school houses; bond for 16 19 

Buildings (See School Houses.) 

Building Fires (see fires.) 

Building Fund: 

compensation for sweeping house, etc., paid out of 30 01 

expenses of trustees paid out of 37 04 

fines paid into 40 ~ 2 

expense of conveyance of pupils payable out of 38 68 

compensation for institute attendance paid out of 51 106 

fines for violation of compulsory attendance law credited to 41 76 

compensation for taking enumeration paid out of 50 103 

amount in, due to, to be raised for, to be set forth in statement 17 21a 

demands upon to be set forth in statement 17 21b 

expenditures from to be set forth in statement 17 21c 

levy for 17 21c 

maximum rate of levy for 18 21c 

Business may be transacted by board, when 27 32 

Cadet Corps (See West Virginia University.) 

Calendar, the school 3 

Capitation Tax: 

constitutional provision concerning 6 

proceeds of to go to general school fund 30 40 

Certificate, Assessors: 

to county superintendent 32 48 

to serve as basis for levy 33 48 

to secretary 32 48 

Certificates of proficiency in reading circle course 52 112 

Certificates; Teachers: 

grade of to determine salaries 24 27 Vz 

required of kindergarten teachers 28 34 

to be endorsed by secretary on original 35 57 

to be presented to trustees 35 57 

to be filed with secretary 35 57 

valid in graded and high schools; include what subjects 43 82 

valid in ungraded schools only; include what subjects 43 82 

all matters relating to under control of state superintendent 42 80 

special high school teachers' 43 & 47 82 & 94 

special primary teachers' 43 & 47 82 & 93 

grades of 43 84 



150 Index. 



Certificates, Teachers'. — Continued. Page. Sec. 

to be signed by state superintendent 44 85 

to be countersigned by county superintendent 44 85 

where valid , 44 86 

how revoked 44 86 

duration of 44 87 

renewal of first grade uniform ; fee for 44 87 

third grade issued but twice to same applicant 45 87 

only one of same grade to applicant in one year 45 87 

applicants to receive statement of grades when 45 87 

state superintendent and county superintendent to keep register of. . 45 87 
immorality or neglect of duty on part of persons holding, to be re- 
ported 45 89 

of first grade to be issued to certain graduates 46 92 

emergency 46 92 V 2 

grade of certain certificates defined 48 95 

state professional (see State Certificates.) 

may be issued to persons coming from other states, when 59 133 

countersigned 60 134 

(See also Examination of Teachers.) 

Change in boundaries of sub-districts 13 11 

Charges against sheriff's account , 61 139 

Child Labor Law: 

children under fourteen years of age not to be employed, etc., App. A. 124 1 

commissioners of labor Appendix A 124 1 

children under sixteen years of age to be employed, etc. " " 124 2 

employment certificate " " 125 2 

fines for violations " " 126 3 

prosecutions for violations " " 126 4 

Classes of youth enumerated 50 102 

Classification of high schools 26 30 

Clerk of County Court : 

to certify name and address of county superintendent 53 115 

to call meeting of presidents to appoint county superintendent ; when, 

where 53 116 

vouchers and statements of sheriff to be returned to 62 141 

to keep record of settlement with sheriff 62 142 

penalty upon ; for what 33 50 

levies to be reported to; constitutional provision 9 

Collection of money due school fund 66 154&155 

Colored Institute, the West Virginia ■ 82 

graduates of to receive certificates, when 46 92 

Colored Institute, the Bluefield 86 

Colored Schools (See Schools for Colored Youth.) 

Colored Teachers : 

normal training for 77 188 

graduates of normal course of W. Va. Colored Institute to receive cer- 
tificates 46 92 

(See also Schools for Colored Youth.) 

Colored Youth: 

not to be taught with white; constitutional provision 10 

not to be taught in same school or building with white pupils 39 70 

board to establish schools for 39 70 

funds to be divided in proportion to number of 39 71 

(See also Schools for Colored Youth.) 

Commission, state school book. . .' Appendix A 116 

Commissioners School : 

election of - 

must vacate office, when 

oath of 

compensation of 



11 


3 


12 


5 


12 


6 


27 


33 



Index. 151 



Commissioners, School. — Continued. Page. Sec. 

shall vacate office, when 12 5 

Commissions, sheriff's 63 144 

Commissions, of agents for school fund 66 155 

Committee on course of study 58 131 

Compensation : 

of president and members of board 27 33 

of school librarian 29 38 

of secretary for report 34 52 

of assistant examiners 46 90 

for taking enumeration ; when paid 50 103 

for attendance at county institute 51 106 

of institute instructors • 51 108 

of county superintendent for conducting examinations 54 118 

of state board of education 58 & 60 131&135 

of agents for school fund , 66 155 

for building fires ; to be paid from what fund 36 61 

of truant officers ; how and when paid 41 77 

of state school book commission Appendix A 116 1 

Complaint against parent or guardian (Compulsory Attendance.) 

may be made by any resident or teacher 40 73 

truant officers shall make, when 40 73 

Complaint concerning action of trustees 37 65 

Compulsory Attendance : 

to whom applicable 39 72 

who responsible for violation of 39 72 

penalty for violation of 40 72 

fines for violation of to be credited to what 40 & 41 72 & 76 

an offense ; what constitutes 40 72 

exemption from 40 72 

truant officers to enforce 40 73 

(See also Truant Officers.) 

Condemnation of land for school purposes 15 15 

Condition of school houses to be reported by trustees 37 63 

Consent of county superintendent necessary to purchase what 14 13 

Consolidation of schools 38 68 

Constitutional provisions concerning the school system 5 

Contagious diseases (see also Medical Inspection) 47 97 

Contingent expenses of state superintendent's office 30 40 

Continuation of special debt levy 22 24 

Contract, Teachers' : 

must be filed with secretary 35 56 

may be declared void, when 35 58 

understanding in concerning holidays 36 59 

form for (See Forms, Appendix B.) 

Contracts for the conveyance of pupils 38 68 

Contracts for books (see Text-Books.) 

Contracts, school officers not to be interested in 67 158 

Control of schools 13 11 

Control of uniform examinations 42 80 

Conveyance of pupils 38 68 

expenses of 38 68 

contract for 38 68 

Corporation : 

the board of education to be a 12 7 

powers of as such 14 7 

liability of as such 14 7 

Correction of sheriff's settlement (See Sheriff.) 

Correction of levy may be made, how; when 17 21c 

Cost of joint schools (See Joint Schools.) 

County court, sheriff to make settlement with ' 62 142 



152 Index. 



County Institutes (See Institutes, County.) PAGE. Seo. 

County officers, subject to indictment; constitutional provision 6 

County Superintendent: 

constitutional provision for 8 

to give deciding vote, when 11 4 

to fill vacancy in board 12 5 

to hear appeals in what case 14 12 

to serve notice on secretary of meeting to hear appeal 14 12 

may reverse or correct action of board, when 14 12 

to approve locations and plans of buildings, when 15 14 

to apportion general school fund to district 31 42 

to notify board of amount due from general school fund 31 42 

to issue requisition for general school fund, when 31 43 

rate of levy to be reported to by secretary 33 49 

to report rate of levy to clerk of county court and assessor 33 49 

to report rate of levy and valuations to state superintendent and 

auditor 33 49 

penalty upon for what 33 50 

secretaries to make report to 33 51 

to designate place of holding examination 42 80 

to open examination questions, how 43 83 

to seal all packages of manuscript and forward to state superin- 
tendent 43 83 

to furnish information to state superintendent 43 83 

to debar certain persons from examination 43 83 

to keep register of certificates 45 87 

guilty of misdemeanor; when; penalty for 45 88 

shall vacate office, when 45 88 

to report immorality or neglect of duty on part of persons holding 

certificates 45 89 

to conduct examinations 46 90 

to appoint assistant examiners; how many; compensation of.... 46 90 

to collect examination fees ■ 46 91 

to pay assistant examiners and other expenses of examinations.... 46 91 
to make itemized report of examination collections and disburse- 
ments ; to whom 46 91 

shall take receipts for all money expended in examinations 46 91 

to transmit to state superintendent summary of enumeration 50 104 

may excuse teachers from attending institute, when only 51 106 

to prevent teachers from teaching, when .- 51 106 

to arrange for county institutes 51 107 

to remit part of institute fees to auditor 51 109 

to arrange for and conduct district institutes 52 111 

election of 52 113 

term of office of 53 113 

to notify state superintendent of his election 53 113 

tie in vote for; presidents of boards to appoint 53 114 

oath of ; when taken 53 115 

to execute bond 53 115 

name and address of to be certified by clerk to state superintendent 53 115 

vacancy in office of; how filled 53 116 

qualifications of 54 117 

salary of; how determined 54 118 

compensation for conducting examinations 54 118 

may engage in teaching; when only 54 us 

to report number of schools visited 54 119 

deductions from salary of 54 119 

payment of salary of 55 120 

report of; delay in making 55 120 

to visit schools ; when ; for what purpose 55 121 

to examine school buildings and equipment 55 122 



Index. 133 



County Superintendent. — Continued. Page. Sec. 

to report incompetency, neglect of duty, etc 56 122 

to receive and revise reports of secretaries 56 123 

to make annual report to state superintendent 56 123 

not to be interested in contracts; penalty 67 153 

County supervision, constitutional provision 8 

Course of study, committee on 58 131 

Course of study, manual of 4 2 79 

Course of study for reading circles 52 112 

Court of competent jurisdiction may declare office vacant, when 23 23 

Credit for attendance at district institute 52 111 

Credits to sheriff's account 61 139 

Current expenses, additional levy for 20 22 

Daily registers 48 98 

Deaf and Blind, West Virginia Schools for 88 

Debt ; constitutional provision for 7 

Debt levy, special (See Special Debt Levy.) 

Decrease or increase in number of sub-districts 13 11 

Deed, general warranty for school sites 13 8 

Deed, agents may execute, when (see school fund) 66 155 

Deductions from salary of county superintendent 54 119 

Deductions from general school fund 30 40 

Definition of terms used in this chapter 67 161 

Delay in making county superintendent's report; penalty 55 12 

Delinquent lists shall be returned 31 4 4 

Delinquent taxes and contingencies to be allowed for in statement.... 17 21c 

Destruction of free text-books, pupils responsible for 28 36 

Diplomas : 

kindergarten teachers' 28 34 

to be issued by state superintendent 42 79 

granted in other states may be recognized 59 133 

certificates to be issued upon 46 92 

Disagreement of board as to location and plans 15 14 

Discontinuance of school, when 15 17 

Discontinuance of district high school 27 31 

Diseases, contagious or infectious 48 97 

Distribution of general school fund 30 40 

District : 

definition of 68 161 

constitutional provision 5 & 9 

to be sub-divided 11 2 

independent, constitutional provision 10 

every magisterial district a school district 11 2 

present districts and sub-districts to remain until changed by law 11 2 
District High School : 

may be established by vote of people 25 30 

notice of election for to be posted 25 30 

shall be discontinued, when 2 7 31 

District Institutes (See Institutes, District.) 
District Supervision : 

board may establish ; shall establish, when 68 163 

board to establish rules and regulations for 68 163 

superintendent, appointment of 68 163 

salary of superintendent 69 163 

to make reports 69 163 

board may take charge of schools so supervised 69 164 

Division : 

of districts 11 2 

of village by district or county line 13 11 

of expenses in case of transferred pupils 38 67 



154 Index. 



Divisions. — Continued. Page. Sec. 

of funds with colored schools 39 71 

Drunkenness : 

persons addicted to debarred from examination 43 83 

revocation of certificates because of 44 86 

Duplicate of certificate to be filed 35 57 

Duration of certificates 44 87 

Duties : 

of state tax commissioner and attorney general 23 26 

of state superintendent 57 126 

of county superintendents (See County Superintendent.) 

of district superintendents 68 163 

of board of education (See Board of Education.) 

of secretary of board 31 45 

of board of the school fund 65 152 

of the state board of education 58 130-136 

of the state board of examiners 59 132-136 

of truant officers 40 73 

of teachers (See Teachers.) 

of sheriff (See Sheriff.) 

of clerk of county court (See Clerk of County Court.) 

teachers exempt from 48 97 V2 

of assessor 32 48 & 49 

Election : 

special 67 160 

for extension of term; notice of to be published 23 27 

for levies, how held 21 23 

special for levies; ticket for; order for to be published 21 23 

on question of district high school 25 30 

on question of bond issue 29 39 

Election of board of education 11 3 

Election of county superintendent 52 113 

Election laws, general, to apply in special elections .- 20 22 & 23 

Elementary agriculture 41 78 

Emergency certificate 46 92 % 

Employer guilty of misdemeanor, when 40 74 

Endorsement of teachers certificate by secretary, required 35 57 

Endorsement of orders by sheriff 63 145 

Enforcement of compulsory attendance 40 73 

Enumeration : 

distribution of school fund according to 30 40 

of pupils transferred 38 66 

to be taken and reported by teacher 49 101 

register of to be returned or salary withheld 49 100&102 

to include what 49 101 

to be taken in what classes 50 102 

report of to be delivered to secretary, when 50 102 

report of to be verified by affidavit 50 102 

secretary to have taken', when 50 103 

compensation for taking; when, from what fund 50 103 

record of to be kept by secretary 50 104 

record to be sent to county superintendent 50 104 

summary of to be sent to state superintendent 50 104 

Enrollment fee ; county institute 51 109 

Equipment of schools to be examined 55 122 

Estimates of improvements and repairs, to be made to board by trustees 37 63 

Estimate of amount to be raised by additional levy 20 22 

Estimate of amounts needed and necessary levies 17 21c 

objections to must be heard , 17 21c 

Examination and graduation of pupils 42 79 



Index. 155 



■ Page. Sec. 

Examination of buildings by county superintendent 55 122 

by trustees 36 60 

Examination in reading circle course 52 112 

Examination of Teachers : 

in kindergarten schools 28 34 

time and place of 42 80 

all matters relating to under control of state superintendent 42 80 

county superintendent to designate place of 42 SO 

expenses of; from what fund paid; limit of 42 81 

to include what subjects 43 82 

applicants to receive highest grades 43 82 

who to be debarred from 43 83 

manner of conducting 43 83 

grades of certificates issued from 44 84 

fraud in connection with; penalty for 45 88 

county superintendent to conduct 46 90 

assistants for; number of; compensation of 46 90 

persons to oversee may be appointed by state superintendent 46 90 

fees for ; how disposed of 46 91 

for primary certificates 47 93 

for high school certificates 47 94 

compensation of county superintendent for conducting 54 118 

by state board of examiners (See State Board of Education.) 

Examination fees 46 91 

Examination questions, state board of education to assist in preparing 58 131 

Examiners, State board of (See State Board of Education.) 

Exceeding maximum rate of levy ; penalty for 22 25 

Exclusion of pupils ; when ; by whom 48 97 

Excuse from institute attendance 51 106 

Exemption : 

of school property from execution, etc 13 9 

from application of compulsory attendance law 40 72 

of teachers from certain duties 48 97 Vz 

Expenditures : 

current ; additional levy for 20 22 

unlawful by board, penalty for 22 25 

Expense : 

divided in case of transferred pupils 38 67 

of conveyance of pupils 38 68 

Expenses : 

of state superintendent's office; how provided for 30 40 

traveling, of state superintendent 30&56 40&124 

of trustees 37 64 

of examination of teachers 42 81 

of conducting uniform examinations 46 91 

of institutes 51 108 

of state board of education 58 131 

of members state board of control Appendix A 105 1 

of members state board of regents " " 113 17 

Experiment Station, the West Virginia (See West Virginia University.) 

Expulsion of pupils ; when ; by whom 48 97 

Extension : 

of school term 23 27 

of term in graded schools 25 28 

Failure : 

of trustees to employ teachers 15 16 

of sheriff to pay orders 63 145 

of sheriff to make settlement 64 146 

of board to settle 64 148 



156 Index. 



Fees: Page. Sei 

institute enrollment 51 109 

tuition (See Tuition Fees.) 

examination for state certificate how disposed of 60 136 

for renewal of certificates 44 87 

uniform examination; how disposed of, etc 46 91 

Filing duplicate of certificate with secretary 35 57 

Fine: 

against school officers for excessive expenditures, etc 22 25 

for violation of compulsory attendance law; paid to sheriff ....40&41 72 & 76 

against employers for what 40 74 

against county superintendent ; for what 45 88 

against persons tampering with questions, etc 45 88 

against sheriff; how recovered 64 147 

against board failing to settle 64 148 

against school officers and teacher, acting as agents, etc 66 & 67 157&158 

for certain offenses, against officers and teachers 67 159 

for failure to perform certain duties 33 50 

for violation of child labor law Appendix A 126 3 

Fires, Building of in Schools: 

under direction of trustees 36 61 

compensation for 36 61 

to be paid for from building fund 37 61 

Fiscal affairs, statement of 16 21 

Flags displayed 68 162 

Floating indebtedness ; how provided for 21 24 

Forfeitures of sheriff (See Sheriff.) 

Forfeitures and fines to go to what fund 30 40 

Forfeiture of office 22 25 

Forms and blanks ; state superintendent to prescribe 57 126 

Forms and Instructions (See Appendix B.) 

Forms of Instructions : 

to be prepared by tax commissioner 23 26 

to be prepared by attorney general 23 26 

to be prepared by state superintendent 57 126 

(See also Appendix B.) 

Fraud in Examinations : 

on part of county superintendent; penalty for 45 88 

on part of other persons ; penalty for 45 88 

Free instruction, to whom granted 38 69 

Free Schools; (See Schools.) 

Free Text-Books : 

board may purchase 28 35 

shall enter of record order to purchase 28 35 

secretary to have charge of 28 35 

teachers to distribute and have control of 28 36 

secretary to take receipt for from teachers 28 36 

teachers to collect and deliver to secretary 28 36 

pupils to be held responsible for injury or destruction of 28 36 

to be purchased directly from publishers, contract with 29 36 

Fund, the Building (See Building Fund.) 

Fund, the General School (See General School Fund.) 

Fund; (See School Fund.) 

Fund, the Teachers' (See Teachers' Fund.) 

Fund, Supplementary (see Supplementary Fund.) 

Fund, Sub-District (See Sub-District Teachers' Fund.) 

Funds, to be divided with colored schools 39 71 

Furniture : 

to be provided 14 13 



Index. 157 



Furniture. — Continued. Page. Sec. 

to be kept in repair 14 13 

for joint schools (See Joint Schools.) 
General School Fund: 

sum due from to be deducted ; when 17 21c 

to be made up from what 30 40 

shall be apportioned and distributed according to what 30 40 

to be used for what 30 40 

auditor to deduct what 30 40 

not to be less than seven hundred and fifty thousand dollars. ... 30 40 

transfer to from state fund may be made; when and by whom 30 40 

may be made one million dollars ; when 30 40 

auditor to ascertain amount of to be distributed and report same to 

state superintendent 30 41 

state superintendent to ascertain proper share of due to each county 31 41 

can not be drawn by board until when 31 42 

requisition for to be made, when 31 43 

payable to counties in two installments 31 43 

expenses of uniform examinations paid from 42 81 

General supervision of schools; constitutional provision 7 

Gifts to institutions accepted by board of control Appendix A 112 15 

Girl's Industrial Home 100 

Governor : 

state superintendent to make report to 57 127 

to lay before legislature auditor's report of condition of school fund 65 151 
to appoint various boards (See under each State institution.) 

Grade of certain certificates 48 95 

Grades of uniform certificates 43 84 1 

Graded Schools : 

may be established by board 13 11 

definition of 68 161 

board may establish in certain towns and villages under what con- 
ditions 24 28 

extension of term in ; manner of 25 28 

cost of extension of term in not to exceed what 25 28 

proceeds of levy for to be known as "sub-district teachers fund." 25 28 

subjects taught in 41 78 

course of study for 58 131 

Grading of manuscripts 43 84 

Grades of certificates 44 84 

Graduates of Certain Schools: 

to receive certificates of first grade on graduation, without examina- 
tion 46 92 

to receive state professional certificates, when 59 132 

Graduation of pupils 42 79 

Grammar school, definition of 68 161 

Grounds to be improved 14 13 

Harboring children unlawfully 40 74 

High School: 

definition of 68 161 

may be established by board 13 11 

levy for , 18 21c 

may be established in villages with four or more schools 24 28 

extension of term in 24 28 

levy for not to exceed what 24 28 

board of education to have charge of 24 28 

classification of 26 30 

state aid for 26 30d 

to be open to whom 24 28 

district (See District High School.) 



158 Index. 



High Schools. — Continued. Page. Sec. 

subjects taught in 42 78 

course of study for 58 131 

High School Teachers' Certificate: 

granted when and under what regulations 43 & 47 82 & 94 

examination for 47 94 

renewal of 47 94 

grade of determined 48 95 

Holidays : 

list of Appendix A 124 1 

• schools not to be kept open on 36 59 

counted as days taught, when 36 59 

definition of 68 161 

Home for Girls, "West Virginia Industrial 100 

Houses, school (See School Houses.) 
Houses and Sites : 

to be examined by president of board 13 10 

to be retained, when 13 10 

to be sold, when 13 10 

Immoral Character: 

persons debarred from examination because of 43 83 

certificates may be revoked because of 44 86 

Immorality or neglect of duty; county superintendent to report 45 89 

Imprisonment ; employer* may be punished by, for what 40 74 

Improvement of school grounds 14 13 

Improvements; legislature to encourage; constitutional provision 10 

Improvements and repairs, estimate of to be furnished by trustees 37 63 

Incompetence on part of teachers to be reported 56 122 

Increase or decrease in number of sub-districts 13 11 

Indebtedness, Bonded : 

constitutional provision for 7 

additional levy to pay interest on 20 22 

Indebtedness, floating; how provided for 21 24 

Indebtedness unlawfully incurred by board ; penalty 22 25 

Independent districts ; constitutional provision 10 

Indictment; county officers subject to; constitutional provision 6 

Industrial Home for Girls 100 

Infectious diseases 48 97 

Injunction; school officers may be removed by 22 25 

Inspection, medical (See Medical Inspection) 

Inspection of secretary's record may be made 31 45 

Inspection of school houses by trustees; when made 36 60 

Institutes, County : 

president and members of board to attend; to be held, when, where 50 105 

teachers required to attend 51 106 

county superintendent may excuse teachers from attending, when 

only 51 106 

compensation for attending; from what fund paid 51 106 

failure to attend to debar from teaching 51 106 

instructors for; qualification of 51 107 

pay of instructors for . . .■ 51 igg 

enrollment fee ; how used 51 109 

account of expenses to be approved by institute 52 109 

certified list of persons enrolled to be sent to state superintendent 52 110 
Institute, District : ' 

number of to be held 

credit for attendance 52 

Institute, the Bluefield Colored . gg 

Institute, the West Virginia Colored g2 



52 111 

111 



Index. 159 



Instruction : Page. Sec. 

free, to whom granted 38 69 

in what branches required 41 78 

Instructions : 

of tax commissioner to be followed in what 23 26 

of attorney general as to elections 23 26 

Instructors for county institutes (See Institute, County.) 

Insurance of state institutions Appendix A 112 16 

Interest : 

charged against sheriff, when 64 146 

on bonded indebtedness, provision for 20 22 

levy for may be continued without additional vote until when 21 22 

on bonds must be provided for 29 39 

Intermediate School; definition of 68 161 

Interpretation of school law 57 128 

Investment of the School Fund 65 152 

Joint Schools : 

how provided 16 18 

title to buildings for _ 16 18 

terms of agreement to be reduced to writing 16 18 

shall be provided with furniture, etc 16 18 

Judgment against board of education 64 150 

Judgment against sheriff, when 63 145 

July, first Monday in, board to hold first meeting 24 27^ 

Jury, teachers exempt from serving on, when 48 97 Vz 

Justices to remit fines to sheriff 41 76 

Keyser Preparatory Branch of the West Virginia University 79 

Kindergartens : 

board may establish in what schools 28 34 

who admitted to 28 34 

teachers of, qualifications for 28 34 

Land, condemnation of for school purposes 15 15 

Law, the school (See School Law.) 

Laws governing general elections to apply in special elections 20 22 

Legislature : 

to prescribe terms of office; constitutional provision . . . : 5 

to provide free schools ; constitutional provision 7&9 

to encourage improvements; constitutional provision 10 

power of to levy ; constitutional provision 6 

Levy: 

vote on 16 20 

ballot for vote on 16 20 

rate of to be set forth in statement 17 21c 

may be corrected; how 17 21c 

to be laid after corrections made 18 21c 

for building fund; maximum rate of 18 21c 

for teachers' fund; maximum rate of 18 21c 

for support of high schools 18 21c 

increase in to pay interest on outstanding bonds 18 21c 

additional (See Additional Levy.) 

for interest on bonds and for sinking fund 20 22 

for bonded indebtedness; continuance of; use of 21 22 

elections on ; how held 21 23 

special debt (See Special Debt Levy.) 

maximum rate of may not be exceeded 22 25 

special for extension of term ; fund to be known as what 25 28 

delinquent lists for 31 44 

assessor's certificate of valuations to serve as basis for 32 48 

rate of to be reported by secretary ; -when, to whom 33 49 

specific, may be ordered, when 64 150 



160 Index. 



Levy. — Continued. Page. Sec. 

constitutional provision concerning 9 

power of legislature to lay; constitutional provision 6 

Liability of school officers to action by state, when 22 25 

Libraries, School: 

number and -value of volumes in to be reported by trustees 37 63 

(See also Books for School Libraries.) 

Librarian : 

may be appointed by trustees, when 29 38 

compensation of 29 38 

to open library, when 29 38 

who may draw books from '29 38 

Limit of special debt levy 22 24 

Limitation on bond issue 29 39 

Location of Schools : 

to be determined by board 13 11 

to be determined with reference to convenience of pupils 14 13 

Location and Plans : 

to be approved by county superintendent 15 14 

to be selected by county superintendent, when 15 14 

Magisterial districts to be school districts 11 2 

Mandamus : 

school officers may be removed by 23 25 

to compel division of funds , 39 71 

payment by sheriff may be enforced by 64 150 

Manual of course of study * 42 79 

Manuscript, examination; transmission of 43 83 

Maximum Rate of Levy: 

for building fund 18 21c 

for teachers' fund 18 21c 

Medical Inspection: 

provision for Appendix A 121 

appointment of physicians as inspectors " " 121 

duty of inspectors " " 121 

record of inspection, form of " " 122 

notice of symptoms, to parents " " 123 

Meeting of presidents to appoint county superintendent, when 53 116 

Meetings of Board of Education: 

first; when held; business to be transacted 24 27% 

second; when held; business to be transacted 17 21 

third; when held; business to be transacted 17 21c 

monthly and special 27 32 

Meetings of board of school fund; when, where 65 152&153 

Meetings, literary and religious may be held in school houses; conditions 37 62 

Meetings of trustees . ■. 34 53 Vs 

Member of Board : 

must vacate office, when 12 5 

oath of ; when to be taken 12 6 

compensation of 27 33 

Method of* making settlement, sheriff's 62 141 

Mileage of state board of examiners 60 135 

Minimum amount of general school fund 30 40 

Minimum Salaries : 

for different grades of certificates : . . . 24 27 % 

may be exceeded, when 25 29 

Minimum school term •. 18 21c 

Misdemeanor : 

school officers guilty of, when 22 25 

assessor, clerk of county court, secretary, or county superintendent, 

guilty of, when . 33 50 



Index. 161 



Misdemeanor. — Continued. Page. Seo. 

parent or guardian guilty of, when ....._ 40 74 

employers guilty of, when '. 39 72 

county superintendent guilty of, when 45 88 

board of education guilty of, when 64 148 

to act as agent, penalty 66 157 

Money for school purposes collected and distributed by sheriff 61 137 

Montgomery Preparatory Branch of the West Virginia University 78 

Name and address of county superintendent to be certified 53 115 

Narcotics and alcoholic drinks; special instruction concerning 42 78 

Neglect of duty on part of school officers, fine for 67 159 

Neglect of duty; county superintendent to report 45 89 

Non-attendance (See Compulsory Attendance.) 
Normal Schools : 

graduates of to receive uniform certificates without examination, 

when 46 &2 

graduates to receive state certificates, when 59 132 

constitutional provision 10 

(See also State Normal Schools.) 

Normal training for colored teachers 77 188 

Notice : 

of elections for special bond levy 21 23 

of election on question of district high school 30 30 

of violation of compulsory attendance law; when required; when not 

required 40 73 

of meeting of presidents to appoint county superintendent 53 114 

Notification of trustees of appointment 34 53 

Number and location of schools to be determined by board 13 11 

Number of sub-districts may be increased or decreased 13 11 

Number of teachers; board to determine, when 24 27% 

Oath: 

of members of board 12 6 

of secretary of board 31 45 

may be administered by secretary ; for what purpose 32 47 

of trustees 34 53 

of county superintendent 53 115 

of members of board of regents Appendix A 115 24 

of office ; constitutional provision 5 

Objections to estimate and proposed levy 17 21c 

Objections to sheriff's settlement (See. Sheriff.) 

Obligation unlawfully incurred by board; penalty for 22 25 

Offense against compulsory attendance law 39 72 

Officers of board of school fund 65 152 

Officers, county, subject to indictment; constitutional provision 6 

Officers, school (See School Officers.) 

Order of proceedings at annual meetings of board ; Appendix B. 

Order for purchase of free text-books to be entered of record 28 35 

Orders : 

outstanding, may be paid by special levy 21 24 

for teachers' salary; drawn by whom; signed by whom 49 99 

paid by sheriff, when 61 138 

failure of sheriff to pay 63 145 

Outstanding bonds; increase in levy for 18 21c 

Overseers for examination may be appointed 46 90 

Parent or Guardian: 

to be notfied, when 40 73 

complaint against 40 73 

Payment : 

of teachers 49 99 

of salary of county superintendent 55 120 



162 Index. 



Payment, — Continued. Page. Sec. 

of school orders 61&63 138&145 

in excess by sheriff 62 140 

of orders by sheriff may be enforced by mandamus 64 150 

of bonds ' 29 39 

of tuition required of whom 39 69 

Penalty : 

against employer, when (See also Child Labor Law) 40 74 

for violation of compulsory attendance law 40 72 

upon county superintendent for committing fraud in examinations 45 88 

upon county superintendent for failure to make report 55 120 

for tampering with examination questions and manuscripts 45 88 

upon sheriff ; for what 63 145 

for acting as agent 66 157 

for being interested in contracts 67 158 

not otherwise provided 67 159 

upon board of education for unlawful expenditures, etc 22 25 

upon board of education for exceeding maximum rate of levy 22 25 

upon assessor, clerk of county court, secretary, or county superinten- 
dent, for what 33 50 

Personal property; taxes levied on to be extended on proper book 33 49 

Petition : 

for longer term 23 27 

for longer term in graded schools 25 28 

for consolidation of schools 38 68 

for discontinuance of district high school 27 31 

for district supervision 68 163 

for librarian for school library 29 38 

Place and time of holding examinations 42 80 

Plans and Location for School Building : 

to be approved by county superintendent 15 14 

to be selected by county superintendent, when 15 14 

Poll books and tally sheets for special election to be furnished by whom 21 23 

Power of legislature to levy ; constitutional provision 6 

Powers of board as a corporation 12 7 

Preparatory Branch of the West Virginia University at Montgomery. ... 78 

Preparatory Branch of the "West Virginia University at Keyser ... 79 
President of Board of Education: 

election of ; 11 3 

to examine houses and sites 13 10 

compensation of 27 33 

to attend county teachers institutes 27 33 

to sign teachers' orders 49 99 

to sign sheriff's settlement 62 141 

to appoint county superintendent, when 53 & 54 114&116 

Primary Teachers' Certificate : 

subjects of examination for to be prescribed by whom 43,47&58 82.93&130 

valid in what grades and schools 47 93 

requirements for 47 93 

grade of determined 48 95 

Primary school, definition of . 68 161 

Principals to report cases of truancy 41 75 

Proceedings of board, abstract of 32 46 

Proceeds of special debt levy not to be used for other purposes 22 24 

Proceeds of sale of property to be added to building fund 13 10 

Process: 

may be served on board 12 8 

copy of to be delivered to whom 12 8 

Professional certificates (See State Professional Certificates.) 

Prohibition concerning appointment of teachers 35 58 

Prohibition of certain acts, applying to board 22 25 



Index. 163 



Property: Page. Seo. 

exempt from execution 13 9 

to be inspected; may be sold 13 10 

aggregate of to be set forth in statement 17 21c 

taxable to be classified in statement 17 21c 

personal, to be listed separately 17 21c 

assessed by B. of P. W. to be listed separately 17 21c 

Prosecuting Attorney: 

may require correction in sheriff's settlement 63 143 

to proceed against sheriff, when 64 147 

Provisions as to certain funds 21 24 

Provisions must be made for interest on bonds 29 39 

Publication of order calling special election 21 23 

Pupils : 

to be held responsible for injury or destruction of text-books 28 36 

transferred; where enumerated 38 66 

transportation of 38 68 

examination and graduation of 42 79 

colored (See Colored Youth.) 

under control of teacher, when, where 48 97 

may be excluded, when 48 97 

may be suspended, when, by whom 48 97 

may be expelled, when, by whom 48 97 

Purchase of certain supplies by trustees 36 61 

Qualifications; 

of kindergarten teachers 28 34 

of trustees 34 53 

of institute instructors 51 107 

of county superintendent 54 117 

of state superintendent . '. 56 124 

Questions for Examinations : 

preparation and transmission of 43 83 

state board of education to assist in preparation of, when 58 131 

tampering with; unlawful possession of; penalty 45 88 

Quorum : 

of board of education 27 32 

of trustees 34 53 

Rates of Levy : 

maximum for teachers' and building funds 18 21c 

to be set forth in statement .- 17 21c 

to be reported by secretary, when, to whom 33 49 

Reading Circles: 

state superintendent to prescribe course for; in what subjects 52 112 

examination in course of 52 112 

certificates of proficiency in 52 112 

Real Estate : .. 

to be listed separately 17 21c 

taxes levied on to be extended on proper book 33 49 

Receipts for amounts expended in examination 46 91 

Recognition of certificates issued in other states 59 133 

Reconsideration and correction of estimate and levies 17 21c 

Record : 

of objections to estimate and levies 17 21c 

trustees, of proceedings 34 53 % 

of enumeration 50 104 

of state board of examiners 60 133 

of sheriff's settlements with county court 62 142 

of proceedings of board of school fund 65 152 

Record, Secretary's: 

to be signed by whom 31 45 

to be open to inspection 32 45 



164 Index. 



Record, Secretary's. — Continued. Page. Sec. 

to be delivered to successor 32 45 

Recovery of fine against sheriff 64 147 

Reform School, the West Virginia 93 

Regents, State Board of (See State Board of Regents.) 

Regents : 

of "West Virginia University 69 167 

of State Normal schools 73 178 

of "West Virginia Colored Institute 84 206 

of Bluefield Colored Institute 86 212 

of Preparatory Branch at Montgomery 78 190 

of Preparatory Branch at Keyser 80 197 

of the "West Virginia Schools for the Deaf and the Blind 88 220 

of the "West Virginia Reform School 93 237 

of the Industrial Home for Girls 100 254 

Register of Certificates : 

state superintendent's 45 87 

county superintendent's 45 87 

Registers and reports, teachers' 48 98 

Regulations : 

concerning school libraries 29 38 

concerning use of school houses 37 62 

concerning the uniform system of examinations 42 80 

Relationship exclusion 35 58 

Removal : 

of school officers 23 25 

of trustees from office 34 54 

of teachers 35 58 

of members of state board of control Appendix A 105 1 

of members of state board of regents ' " " 113 17 

from office ; constitutional provision 5 

Renewal : 

of first grade certificates ; fee for 44 87 

of high school certificates i 47 94 

of state professional certificates 48 96 

Repair : 

of furniture, apparatus, etc 14 13 

of school building ; bond for 16 19 

Repairs and improvements, estimate of, trustees 37 63 

Report : 

auditor's concerning the general school fund . 30 41 

concerning rate of levy; secretary's; county superintendent's 33 49 

of trustees to board ; to show what 37 63 

of expenses trustees 37 64 

teacher's, principal's and superintendent's to truant officer ..... 41 75 

of immorality or' neglect of duty on part of teachers 45 89 

of collections and disbursements on account of uniform examinations 46 91 

of secretary must be made before salary is paid 34 52 

of teacher 47 98 

of enumeration 49 100 

of schools visited, county superintendent's 54 119 

of state superintendent, to include what 57 127 

of state board of education 60 133&136 

of auditor concerning condition of the school fund 65 151 

of district superintendent . , 69 163 

of levies; constitutional provision 9 

of board of regents Appendix A 114 20 

Report, County Superintendent's: 

delay in making ; penalty for 55 120 

made up from what 56 123 



Index. 105 



Report, Secretary's: Page. Seo. 

to whom made 33 51 

when made 33 51 

compiled from what 33 51 

Reports to he made with reference to school year 11 1 

Requirements for primary teacher's certificate 47 93 

Requirements for high school teacher's certificate 47 94 

Requisition for general school fund made hy hoard 31 43 

Requisitions, state superintendent to sign 57 125 

Residence of state superintendent 56 125 

Restrictions concerning purchase of hooks for school libraries 29 37 

Return of delinquent lists 31 44 

Review of teacher's action, when, by whom 48 97 

Revision of action of trustees 37 65 

Revocation of certificates 44 86 

Rules and regulations for district supervision 68 163 

Salary : 

of state superintendent 30&56 40&124 

of district superintendent 69 163 

of members state board of control Appendix A 105 1 

of members state board of regents " " 113 17 

of employes state board of control " " 107 7 

Salary of County Superintendent: 

how determined 54 118 

deductions from 55 119&120 

payment of 55 120 

for fourth quarter not payable until when 55 120 

Salary of secretary of board : 

to be paid from what 33 52 

to be paid how and when 33 52 

Salary of teachers: 

to be discontinued, when 15 17 

may be fixed above minimum, when 19 21c 

board to fix at first meeting 24 27 Vz 

regulated by grade of certificate 24 27 Vs 

minimum for each grade of certificate 24 27 Vz 

may not be transcended or diminished by trustees 24 27 1 / & 

paid how 49 99 

balance of not paid until when . . . . ' 49 100 

additional (See Additional Salary.) 

Sale of school property 13 10 

Saturday not a school day 36 59 

School : 

definition of 67 161 

attendance at permitted to whom 38 69 

Schools : 

to be provided for by legislature; constitutional provision 7 

to be taught 15 16 

may be discontinued, when 15 17 

joint (See Joint Schools.) 
graded (See Graded Schools.) 

not to be kept open on Saturdays or holidays 36 59 

to be visited by trustees 36 60 

consolidation of 38 68 

graded and high; subjects taught in 41 78 

money for collected and disbursed by sheriff 61 137 

for deaf and blind (See West Virginia School for Deaf and Blind.) 
State Normal (See State Normal Schools.) 

School calendar 3 



166 Index. 



Schools for Colored Youth: Page. Seo. 

must be established 39 70 

shall have share of fund 39 71 

board may be compelled by mandamus to divide funds •with 39 71 

School Board (See Board of Education.) 

School Books (See Text-Books, Appendix A.) 

School Districts (See Districts.) 

School Fund, the General (See General School Fund.) 

School Fund, the : 

constitutional provisions concerning 8 

constitutional amendment concerning 9 

income from to go to what 30 40 

auditor to report condition of 65 151 

the board of; duties of; officers of 65 152 

meetings of board of, to be held where 65 152 

record of proceedings of board to be kept 65 152 

meetings may be held when 65 153 

collection of money due 66 154 

board of may appoint agents to collect claims 66 155 

board to require bond of agents 66 155 

agents to execute deed, when , 66 155 

compensation of agents 66 155 

School grounds to be improved 14 13 

School Houses: 

to be retained, when ; to be sold, when 13 10 

number and location of 13 11 

to be located with reference to what 14 13 

for joint schools (See Joint Schools.) 

exempt from execution 13 9 

may be provided jointly 16 18 

to be kept in order by trustees 36 61 

may be used for what 3 7 62 

regulations for use of 37 62 

to be examined 55 122 

School Law : 

to be published by state superintendent .57 126 

interpretation of 57 128 

School Libraries (See Libraries and Books for Libraries.) 

School Librarian (See Librarian.) 

School Officers : 

not to be interested in sale of books; constitutional provision 10 

oath of; constitutional provision % 5 

removal of; constitutional provision 5 

terms of ; constitutional provision . 5 

guilty of misdemeanor 22 25 

personally liable, when 22 25 

not to act as agents 66 156 

not be interested in contracts 67 158 

penalties against 66 & 67 157, 158 

& 159 

School Property (See Property.) 

School Term (See Term.) 

School Year : 

begins and ends when 11 1 

accounts and settlements made with reference to 11 1 

Seal, State Superintendent's 56 125 

Secretary of Board: 

oath of members of board filed with 12 6 

to make record of corrections and levy 18 21c 

to furnish poll books, etc., for special election 21 23 



Index. 167 



Secretary of Boards. — Continued. Page. Sec. 

to post notices of election for extension of term 24 27 

to have charge of free text-books 28 35 

to take receipt from teachers for free text-books 28 36 

board shall appoint, when 31 45 

shall not be a member of board 31 45 

shall take oath 31 45 

shall attend all meetings and keep record 31 45 

record of attested by his own and president's signatures 31 45 

records of shall be open to inspection 31! 45 

to have charge of all records and papers 32 45 

records of and documents to be delivered to successor 32 45 

shall post abstracts of proceedings of each meeting, where, when.. 32 46 

shall post itemized statement of settlement with sheriff, where, when 32 46 

may administer oath to whom 32 47 

assessor shall deliver certificate of valuation to, when 32 48 

to report rate of levy when, to whom 33 49 

penalty upon ; for what 33 50 

to make statistical report ; when ; to whom 33 51 

salary of 33 52 

compensation for report 34 52 

teacher's contract shall be filed with 35 56 

teacher's certificate shall be filed with 35 57 

original of teacher's certificate to be endorsed by 35 57 

shall return expense account of trustees for correction, when 37 64 

truant officers to make statement to 41 76 

to issue orders for teachers' salary 49 99 

teacher's term report returned to 49 100 

report of enumeration to be filed with 50 102 

to deduct from teacher's salary, when 50 102 

to have enumeration taken, when 50 103 

to keep record of enumeration 50 104 

to transmit record of enumeration to county superintendent 50 104 

to endorse vouchers or orders of sheriff 62 141 

to sign statements of sheriff 62 141 

Service of Process 12 8 

Security; contractors to give 16 19 

Settlement : 

to be made with reference to school year 11 1 

with sheriff, statement of to be posted by secretary 32 46 

of sheriff with boards 61 139 

of sheriff with county court 62 142 

Sheriff: 

general school fund paid to order of 31 43 

to collect and account for taxes 33 49 

to receive tuition fees and credit to teachers' fund 39 69 

truant officer to make statement to „ 41 76 

fines to be paid to 41 76 

to collect and disburse all school money 61 137 

to give additional bond 61 137 

to keep accounts with boards of education 61 138 

to pay orders, when 61 138 

to make settlements with boards, when 61 139 

to be charged with what 61 139 

to be credited with what . 62 139 

not to receive credit for payments in excess 62 140 

settlement of with board; method of making 62 141 

vouchers and orders of to serve as basis for settlement 62 141 

to make settlement by districts with county court 62 142 

corrections in settlement of may be made at the instance of whom. . 63 143 



168 



Index. 



Sheriff. — Continued- 
settlement of with boards may be accepted by county court, when . . 

commissions of 

failure of to pay orders ; judgment and penalty 

shall not be required to endorse orders before, when 

failure of to settle ; forfeiture for 

action against 

to turn over balance to successor 

may be compelled to pay orders by mandamus 

Sinking fund, may be provided for; when; how 

Sites and buildings to be provided by board 

Special Debt Levy: 

board may submit question of to voters 

limit of 

board may continue without additional vote until debt is paid 

proceeds of not to be used for any other purpose 

treasurer of, to keep account of separately 

balance from to revert to what 

Special Election: 

order for to be published 

for extension of term 

manner of holding, etc \ 

State may maintain action against school officers 

State Board of Control : 

creation of Appendix A 

a corporation 

how constituted 

appointment of 

how and for what removed 

salary of members 

expenses of members 

offices and fixtures 

to give entire time to duties 

not eligible to other positions 

to manage and control certain institutions 

titles vested in 

money due institutions reported to 

to appoint a secretary and clerks 

salaries of employes of 

to keep a set of books 

to examine conditions and records of institutions .... 

to visit institutions 

to summon witnesses 

to fix number and compensation of assistants and 
employes of institutions 

to investigate charges against employes 

to recommend removal of certain officers 

to fix salaries of officers and employes 

to pay salaries when 

to make rules for its conduct 

to purchase supplies 

to publish and award contracts 

to determine kind of animals to be slaughtered 

to inspect meats, poultry, etc 

to have no interest in contracts or gifts 

to forfeit office when 

to employ architects 

to construct, remodel and repair buildings 

to prescribe records to be kept 

to make report to governor 



Page. 


Sec. 


63 


143 


63 


144 


63 


145 


63 


145 


64 


146 


64 


147 


64 


149 


64 


150 


20 


22 


14 


13 


21 


24 


22 


24 


22 


24 


22 


24 


22 


24 


22 


24 


21 


23 


23 


27 


67 


160 


23 


25 


105 


1 


105 


1 


105 


1 


105 


1 


105 


1 


105 


1 


105 &106 1 &2 


105 


1 


105 


1 


105 


1 


106 


3 &4 


106 


5 


106 


6 


107 


7 


107 


7 


107 


7 


107 


7 


107 


8 


108 


8 


108 


9 


109 


9 


109 


9 


109 


9 


109 


9 


109 


10 


109 


11 


109 


11 


110 


11 


110 


11 


110 


11 


110 


11 


111 


12 


111 


12 


111 


13 


111 


14 



Index. 169 



State Board of Control. — Continued. Page. Seo. 

governor may direct to make investigation " " 112 14 

to accept gifts for institutions " " 112 15 

to have charge of insurance of institutions " " 112 16 

to report list of employes to auditor " " 115 21 

State Board of Education : 

of whom composed; appointment of 58 130 

to perform duties of state board of examiners 58 131 

to constitute committee on course of study 58 131 

to prescribe and publish branches for examination for certain cer- 
tificates 58 131 

to assist in preparation of examination questions, when 58 131 

compensation of 58 131 

to hold examinations and grant State professional certificates 59 131% 

to issue two classes of certificates: classes defined 59 131% 

to issue State professional certificates without examination; to whom 59 132 

to issue certificates to teachers coming from other states, when.... 59 133 

to keep a record showing what 60 133 

to make report to state superintendent 60 133 

" compensation for conducting examinations 60 135 

as state board of examiners shall make a report setting forth what 60 136 

fees from examination ; how disposed of 60 136 

State Board of Examiners (See State Board of Education.) 

State Board of Regents: 

creation of Appendix A 112 17 

a corporation " " 113 17 

how constituted " " 113 17 

appointment of " " 113 17 

removal of members of ' " " 113 17 

salary of members " " 113 17 

to control educational departments " *' 113 18 

to employ officers and teachers " " 113 18 

to fix salaries " " 113 18 

to prescribe courses of study and text books " " 114 19 

to publish rules and regulations " " 114 19 

to meet with board of control " " 114 19 

to make report to governor " " 114 20 

to furnish data to state superintendent of schools.... " " 115 20 

to report list of employes to auditor " " 115 20 

to take oath of office " " 115 24 

State Normal Schools 73 

constitutional provision 10 

Marshall College 73 177 

Fairmont Branch 75 181 

West Liberty Branch 76 182 

Glenville Branch 76 183 

Shepherdstown Branch ' 76 184 

Athens Branch 77 185 

State Professional Certificates: 

examinations for ., 59 131 % 

classes of ; to whom issued 59 131 % 

issued after three years experience to graduates of what schools... 59 132 

first class issued on expiration of second class 59 132 

validity of 48 96 

renewal of 48 96 

State School Book Commission (See Text Books.) 

State Superintendent: 

to withhold money from general school fund, how much and for 

what purpose 19 21c 



170 Index. 



State Superintendent. — Continued. Page. Sec. 
to deposit money with treasurer of board, when and for what pur- 
pose 19 21c 

salary of paid from what 30 40 

traveling expenses of not to exceed what; paid from what 30 40 

contingent expenses of office of, paid from what 30 40 

to apportion general school fund to counties 31 41 

to notify auditor and county superintendents of apportionment of 

general school fund 31 41 

report of valuations and levy to be made to by county superin 

tendent 33 51 

to prepare manual of course of study 42 79 

to see that teachers follow manual 42 79 

to provide for examination and graduation of pupils 42 79 

to issue diplomas 42 79 

to have control of all matters pertaining to examination of teachers 42 80 

to prepare and transmit questions 43 83 

to prescribe manner of conducting examinations 43 83 

to examine manuscripts 43 84 

to issue certificates in duplicate; of three grades 44 84 

to satisfy himself as to identity of applicants for certificates 44 84 

to sign certificates 44 85 

may revoke certificates when and for what 44 86 

to renew first grade certificates 44 87 

to give statement of grades to applicants for certificates; when. ... 45 87 

to keep register of certificates issued 45 87 

may appoint overseers for examinations 46 90 

report of examinations to be made to 46 91 

to issue certificates to certain graduates 46 92 

may issue emergency certificates 46 92 ^ 

to announce subjects for examination for primary certificates ; when 47 93 

to announce subjects for examination for high school certificates. 47 94 

to appoint institute instructors 51 107 

list of persons enrolled in county institute to be sent to 52 110 

statement of institute expenses to be sent to 52 110 

to prescribe reading circle courses 52 112 

to provide for examination in reading circle courses 52 112 

to issue certificates of proficiency in reading circle courses 52 112 

to issue requisition for county superintendent's salary 55 120 

county superintendent to make report to 56 123 

qualifications of ; term of 56 124 

salary of 56 124 

expenses of; how provided for ' 56 124 

residence of 56 125 

shall provide a seal 56 125 

to sign requisitions on auditor for what 57 125 

duties of 57 126 

report of; to include what 57 127 

to give interpretation of the school law 57 128 

to prepare and publish list of books suitable for school libraries. . . 58 129 

to be member of state board of education 58 130 

to appoint five members of state board of education 58 130 

to countersign certificates 60 134 

auditor to make report to concerning condition of school fund 65 151 

State Tax Commissioner shall prepare certain forms and instructions. ... 23 26 

Statement : 

of special levy for bonds to be printed on ticket 20 22 

of settlement with sheriff posted by secretary; where, when 32 46 

truant officer's 41 77 

of grades issued to applicants for certificates, when 45 87 

of institute expenses 52 110 



Index. 171 



Statement of Fiscal Affairs: Page. Seo. 

to set forth what (a, b, c) 17 21 

copy of to be published twice or posted, where 17 21 

allowance to be made in for delinquent taxes 17 21c 

to state separately value of personal property, real estate and prop- 
erty assessed by B. of P. W 17 21c 

forms and instructions for to be prepared by state tax commissioner 23 26 

Statistical report of secretary: 33 51 

Sub-Districts : 

creation of 11 2 

present, to remain until changed by law 11 2 

change in boundaries and number of 13 11 

may be abolished, when 38 68 

Sub-District Teachers' Fund, how provided for 24 28 

Sub-Division of district 11 2 

Subjects, teachers to be examined in what 43 82 

for primary certificates 47 93 

Subjects Taught : 

in ungraded schools 41 78 

in graded and high schools 42 78 

Sum due from general school fund to be deducted from what 18 21c 

Summary of Enumeration (See Enumeration.) 
Summary, Teacher's Monthly : 

to be signed by trustees 49 99 

to be delivered to secretary 49 99 

Superintendent : 

State (See State Superintendent.) 
County (See County Superintendent.) 
District (See District Supervision.) 

to report to truant officers 41 75 

Supervision : 

district 68 163 

general ; constitutional provision 7 

county ; constitutional provision 8 

and control of trustees 37 65 

state superintendent charged with 57 126 

Supplementary Fund: 

to be deposited with treasurer of board 19 21c 

to be deducted from general school fund 19 21c 

not to exceed $50,000 19 21c 

to be used when and for what purpose 19 21c 

balance from if any to revert to general school fund 19 21c 

to be deducted from the general school fund 30 40 

Supplies, trustees may purchase 36 61 

Support of Free Schools; constitutional provision 9 

Suspension of pupils 48 97 

Sweeping school house 36 61 

System of Free Schools to be provided by Legislature 7 

Tally sheets, etc., for special elections, furnished by secretary 21 23 

Tampering with examination questions and manuscripts; penalty for ..45 88 
Tax: 

capitation ; constitutional provision 6 

direct annual for interest on bonds 29 39 

Taxes: 

county, constitutional provision 6 

delinquent 31 44 

amount of levied to be extended on property books 33 49 

(See also Levies.) 

Taxable Property ; aggregate of to be set forth 17 21c 

Tax Commissioner to prepare forms and instructions 23 26 



172 Index. 



Teachers : Page. Sec. 

may be dismissed and school discontinued, when 15 17 

number of to be employed to be determined, when. . .• 24 27% 

kindergarten, qualifications for 28 34 

to distribute and have control of free text-books 28 36 

to collect text-books and return to secretary 28 36 

appointment of 35 56 

must hold certificate 35 56 

must present certificate to trustees 35 57 

must file duplicate of certificate with secretary 35 57 

must have certificate endorsed by secretary 35 57 

may be removed for what 35 58 

shall not receive salary, when 35 58 

to report what to truant officers 41 75 

to give instruction in what subjects 41 78 

to follow course of study prescribed in manual 42 79 

to be examined in what subjects 43 82 

exempt from certain duties 48 97 % 

to keep daily registers and make monthly reports 48 98 

to keep term registers .' 48 98 

to include what in registers and reports 48 98 

payment of 49 99 

to make monthly summary 49 99 

to have summary countersigned by whom 49 99 

to deliver summary to whom 49 99 

to return term report to secretary 49 100 

to take and report enumeration 49 101 

to receive credit for attending district institute 52 111 

to be encouraged to form reading circles 52 112 

not to act as agent 66 156 

colored ; normal training for 77 188 

in state schools, how employed 113 18 

Teacher's Authority: 

to have control of children, how long 48 97 

may exclude whom from school 48 97 

action of may be reviewed by trustees ,. 48 97 

Teachers' Certificates (See Certificates.) 

Teachers' Fund : 

levy for 18 21c 

maximum rate of levy for 18 21c 

the sub-district 25 28 

tuition fees to be credited to 39 69 

may be supplemented (see supplementary fund.) 

Teachers' Institutes : 

county (see institutes, county.) 
district (see institutes, district.) 

Teachers' Salaries (See Salary of Teachers.) 

Teaching, county superintendent may engage in, when 54 118 « 

Term, the school : 

length of 18 21c 

extension of 23 27 

extension of in graded schools 24 28 

Term of Office : 

to be prescribed by legislature;, constitutional provision 5 

of board of education 11 3 

of trustees 34 53 

of county superintendent 53 113 

of state superintendent 56 124 

Term reports and registers 48 98 

to be returned to secretary 49 100 



Index. 



173 



m _x t, i Page. 

Text-Books : 

old law still in force 69 

state book commission created Appendix A 

appointment of members of state book commission . . . 

compensation of members of state book commission . . . 

oath of office of members of state book commission 

contracts for books (July 1, 1911, to July 1, 1912) by 
state superintendent 

meetings of state school book commission 

samples to be submitted 

bids and proposals 

adoption of books 

change in books 

contracts to be executed 

bond by contractors 

prices of books to patrons 

county siiperintendent to be notified , 

supply of books placed by contractors 

exchange of books 

violation of book contracts by teacher 

certain boards of education may choose books for 
their district 

discrimination in prices in other states 

lists of adopted books to be sent to county super- 
intendents by contractors 

use of unauthorized books, to whom reported, penalty 

state of West Virginia not liable to terms of contracts 

appropriation for expenses of state book commission . . 

members of state book commission not to accept gift, 

penalty 

Ticket for special election 

Tie in Vote : 

for members of board 

for county superintendent 53 

Time and Place: 

of holding examinations ^- 

of holding county institutes 50 

Title to school property vested in board : 13 

Title to joint school buildings 16 

Transfer of Pupils: 

provision for 

expense of to be divided 38 

Transfer from state fund to general school fund, when 30 

Transmission of questions and manuscripts 43 

Transportation of Pupils (See Conveyance of Pupils.) 

Treasurer for special debt levy to keep account separately 22 

Truancy (see compulsory attendance.) 

Truant Officer: 

shall be appointed, when 40 

to enforce provisions of compulsory law 40 

shall use due diligence to ascertain violation of law 40 

to give written notice to parent or guardian, when 40 

to make complaint against parent or guardian, when 40 

not required to give notice in subsequent offences 40 

teachers, principals and superintendents to report to 41 

shall render itemized statement to secretary and sheriff 41 

compensation of; how paid 41 

Trustees : 

to employ teachers 15 

to employ persons of temperate habits and good morals 15 



116 

116 
116 

116 
117 
117 
117 
118 
118 
118 
118 
119 
119 
119 
119 
119 

119 
120 

120 
120 
120 
120 

121 
21 



■Sec. 
165 
1 

1 
1 

1 

2 

3 

3 

3&4 

4 
4 
4 
5 
6 
6 
7 
7 
7 



10 
11 
12 



13 

23 



4 
114 



80 
105 



66 

67 
40 
83 



73 
73 
73 
73 
73 
73 
75 
76 
77 

16 
16 



174 Index. 



Trustees. — Continued. Page. Sec. 

may not transcend or diminish salaries 24 27% 

may appoint librarian for school library 29 38 

board shall appoint, when 34 53 

term of office 34 53 

to be notified of appointment immediately 34 53 

to take oath, when 34 53 

no one of may transact business by himself 34 53% 

quorum 34 53 % 

meetings 34 53 % 

shall keep a record of their acts 34 • 53% 

may be removed from office ; how, by whom 34 54 

vacancy in office of, how filled 35 55 

shall appoint teachers ; when 35 56 

shall make contract with teachers ; how 35 56 

teachers' certificates to be presented to 35 56 

shall not appoint certain persons 35 58 

shall visit schools, when 36 60 

shall do what when visiting schools 36 60 

shall cause school house to be kept in order 36 61 

may purchase what 36 61 

shall have house swept and fires built 36 61 

may allow school houses used for what 37 62 

to prescribe regulations for use of houses 37 62 

to furnish estimates of improvements and repairs to board 37 63 

to make report to board showing what « 37 63 

shall keep itemized account of expenses 37 64 

shall file expense account with secretary; when 37 64 

under supervision of board 37 65 

actions of subject to revision of board 37 65 

shall transfer pupils, when 38 66 

may review action of teacher, when 48 97 

may expel pupils, when 43 97 

to sign teacher's monthly summary 49 99 

not to be interested in contracts; penalty 67 158 

Tuition : 

to be paid by whom ...*... 39 69 

to be paid to whom 39 qq 

not to exceed what 39 69 

to be credited to teacher's fund .' 39 69 

Union Schools (see joint schools.) 

University, the West Virginia 69 

Unlawful expenditures by board; penalty for 22 25 

Unlawful possession of examination questions 45 88 

Use of school houses may be granted; for what purposes 37 62 

Vacancy : 

in office of trustee ; how filled 34 54 

in office of county superintendent 53 ng 

Vacancy in Board of Education : 

to be filled how 12 5 

to be declared, when 12&23 5 & 25 

Validity : 

of uniform certificates 44 86 & 87 

of primary certificates 47 93 

of state certificates , 43 qq 

Value and kind of apparatus to be reported by trustees 37 63 

Valuation of Property: 



estimate of 



17 21c 



board to levy upon lg gic 

assessor's certificate of ; to secretary, to county superintendent 32 48 



Index. 175 



Page. Sec. 

Verification of enumeration by affidavit 50 102 

Village of fifty or more inhabitants to be in one district 14 11 

Violation of law by school officers ; penalty for 22 25 

Violation of compulsory school law 39 72 

of child labor law Appendix A. 126 3 

Visits to schools by trustees 36 60 

to state institution by members state board of control 107 8 

Visitation of schools, county superintendents 55 121 

Volumes in library; number of to be reported by trustees 37 63 

Vote: 

for members of board ; tie in 11 4 

on levy 16 20 

on additional levy for current expenses 20 22 

on additional levy to pay interest on bonds 20 22 

on question of longer term 23 27 

on district high school 25 30 

must be had on question of bond issue 29 39 

for county superintendent ; tie in 53 114 

Vouchers and orders, sheriff's (see sheriff.) 

Warranty deed to be secured by board 13 8 

West Virginia Colored Institute : 

act creating, etc 82 

graduates of to receive certificates, when 46 92 

West Virginia Reform School 93 

West Virginia Schools for the Deaf and the Blind 88 

West Virginia Industrial Home for Girls 100 

West Virginia University . . 69 

graduates of to receive certificates, when 46 92 

Preparatory Branch of at Montgomery 78 

Preparatory Branch of at Keyser ' 79 

White and Colored Pupils: 

constitutional provision 10 

statutory provision 39 70 

Year, the school (see school year.) 
Youth : 

enumeration of (See Enumeration.) 

colored 39 70 



SUPPLEMENT 



TO THE 



Revised School Law 



OF 



WEST VIRGINIA 




CONTAINING ACTS AND AMENDMENTS RELATING TO 

EDUCATION, ENACTED BY THE LEGISLATURE AT 

THE REGULAR SESSION OF 1913. 



ISSUED BY 

THE DEPARTMENT OF SCHOOLS 

M. F». SHAWKEY, STATE superintendent 
CHARLESTON, W. VA, 



rf T^^^^C^C I L 



1RIBUNK PRtNTINfl CO., CHARLESTON, W. VA. 



SUPPLEMENT 

TO THE 

Revised School Law of West Virginia 

Containing Acts and Amendments Belating to Education Enacted 
by the Legislature at the Eegular Session of 1913. 



COUNTY SUPERINTENDENT FINANCIAL SECRETARY. 

Be it enacted by the Legislature of West Virginia: 

That sections forty-five, ninety-nine, one hundred and thirty- 
eight, one hundred and thirty-nine, one hundred and forty, one hun- 
dred and forty-one, one hundred and forty-two, one hun- 
dred and forty-three, one hundred and forty-six, one hun- 
dred and forty-seven, one hundred and forty-eight, one hundred 
and forty-nine of chapter twenty-seven, acts of one thousand nine 
hundred and eight, be amended and re-enacted so as to read as fol- 
lows, and that sections one hundred and forty-nine-a, one hundred 
and forty-nine-b, one hundred and forty-nine-c, and one hundred 
and forty-nine-d be added thereto: 

Sec. 45. The board of education at their first meeting, which 
shall be held on the first Monday in July of each year, shall appoint 
a secretary who shall not be a member of the board, and who shall, 
before entering upon the discharge of his duties, take the oath pre- 
scribed by law, and shall attend all meetings of the board, and record 
their official proceedings in a book kept for that purpose, showing 
the number of each order issued, the name of the payee, the purpose 
for which issued, and the amount thereof which record shall be at- 
tested by his signature and the signature of the president of the board. 
and which shall at all reasonable times be open to the inspection of 
any person interested therein ; he shall have the care and custody of al! 
papers belonging to the board, including evidences of title, contracts 
and obligations, and preserve the same in his office properly arranged 
for reference; and shall record and keep on file in his office such pa- 
pers and documents pertaining to the business of the board, and keep 
such accounts and prepare and certify such reports and writings, as 



the law may require or the board direct, all of which records, pa- 
pers, contracts, documents and other property pertaining to his office 
shall be immediately delivered in proper condition to his successor in 
office. Whenever any orders are drawn on the sheriff or school treas- 
urer the secretary shall immediately make up a list of said orders, 
showing the number of the order, name of payee and amount, which 
list together with said orders shall be delivered to the county finan- 
cial secretary for his signature and proper record. Said orders shall 
then be delivered by the county financial secretary to the persons en- 
titled to the same. 

Sec. 99. All teachers shall be paid monthly by orders drawn on 
the school treasurer duly signed by the president and secretary and 
countersigned by the county financial secretary payable out of the 
teachers' fund. But if the secretary be a teacher the order for his sal- 
ary shall be signed by the president and one other member thereof. 

Sec. 138. He shall keep accounts with the boards of education of 
the various districts and independent districts of the money belong- 
ing to the teachers' fund, the building fund, or such other fund as 
there may be, and shall credit every receipt and charge every disburse- 
ment to the fund to which it belongs. He shall pay out no money ex- 
cept upon orders of the respective boards specifying the amount to 
be paid, the purpose for which paid and the fund to which it is to 
be charged, signed by the president and secretary and countersigned 
by the county financial secretary; or by the president and one other 
member, as prescribed in section ninety-nine, and countersigned by 
the county financial secretary. 

Sec. 139. He shall, on or immediately before the first day of 
July in each year, settle with the county financial secretary. In this 
settlement he shall be charged with the amount of taxes and of gen- 
eral school fund apportioned to the district or independent district 
by the county superintendent and the amount of taxes levied by 
the board of education upon the property of the district or indepen- 
dent district for the teachers' fund, for the building fund and all 
other school funds, and for any other money received by him dur- 
ing the current year on account of the free schools of such district 
or independent district; and he shall be credited with the amount of 
delinquent school tax in. such district or independent district that has 
been duly certified by the clerk of the county court to such board of 
education. 

Sec. 140. He shall be credited in such settlements with all or- 
ders paid and produced by him, if found to be correct by the county 



5 

financial secretary, and he shall receive no other credits except his 
commission as hereinafter provided. If any sheriff shall pay out in 
any one year more money on account of the teachers' fund, the build- 
ing fund, or any other school fund, than shall have been levied and 
could have been collected by him during said year together with the 
amount remaining in his hands from any preceding year he shall in 
such settlement receive no credits for such excess. 

Sec. 141. In making said settlement it shall be the duty of the 
sheriff to prepare and present to the county financial secretary, in 
duplicate, separate lists of all the credits claimed by him against 
each of the 'several school funds collected by him, showing the amount, 
date and number of each voucher or order, and to whom payable, to- 
gether with the statement of the proper debits to the several funds 
with which he is chargeable; which lists and statements together 
with the vouchers claimed as credits by the sheriff shall be examined 
by the county financial secretary and if found correct the said vouch- 
ers or orders, bonds and interest coupons credited to said sheriff shall 
be indorsed by the county financial secretary on the back of each 

with the words, "Settled by county financial secretary, 

, 19 ", and shall be cancelled with a perforation; and 

said statement and lists as corrected shall be signed by said sheriff 
and by the county financial secretary, in duplicate, one copy to be 
retained by the county financial secretary, and the other, together 
with the vouchers, or orders, and cancelled bonds and interest cou- 
pons shall be turned over to the sheriff who shall thereupon deliver 
them to the clerk of the county court, and the same shall serve as 
a basis of the settlement required by section seven of article twelve of 
the constitution, and section one hundred and forty-two of thi9 
chapter. ' 

Sec. 142. The sheriff shall also make annual settlements by dis- 
tricts with the county court of his county not later than the tenth 
day of July in each year, showing an itemized statement of all mon- 
ey received or disbursed for the preceding year on account of all 
school funas in his hands, showing the amount, date and number of 
each credit voucher and to whom payable, and the balance due each 
district and independent district on each of said funds; which set- 
tlement shall be made a matter of record by the clerk of said court 
in a book kept for that purpose ; and the clerk shall file a copy of the 
settlement, as approved, with the secretary or other person keeping the 
financial accounts of each board of education. 

Sec. 143. But the settlements made by the sheriff with the coun- 



ty financial secretary, as provided in section one hundred and thirty- 
Dine, when found correct and properly signed and turned over to the 
clerk of said court, as required by section one hundred and forty- 
one, may be taken and treated as the settlements required to be made 
and recorded by section one hundred and forty-two; provided, how- 
ever, that the prosecuting attorney or any taxpayer of the county 
may appear before said court for the purpose of making corrections 
in said report, and said court may hear said objections, after rea- 
sonable notice to the sheriff and county financial secretary and make 
such corrections as may be proper and when corrected said settle- 
ments shall be recorded; and said settlements and vouchers turned 
over to the clerk of said court shall be filed by said clerk by dis- 
tricts. 

Sec. 146. If any sheriff fails to make the settlement required bj 
section one hundred and forty-two at the time required, without rea- 
sonable cause therefor, he shall be charged in said settlement with 
twelve per cent interest on all school money in his hands for the time 
he is in default in making the said settlement. 

Sec. 147. If the sheriff fail to make the said settlement at the 
time required it shall be the duty of the prosecuting attorney to 
proceed by action against him and his sureties in the circuit court 
to recover the fine and penalty imposed' upon him by sections one 
hundred and forty-two and one hundred and forty-six. 

Sec. 148. If any county financial secretary fails to make the 
settlement required by section one hundred and thirty-nine of this 
chapter, with the sheriff, when requested by him to do so, he shall 
be guilty of a misdemeanor and upon conviction thereof be fined 
twenty dollars, the proceeds of which fine shall be placed to the cred- 
it of the building fund of the district. 

Sec. 149. And the retiring sheriff shall immediately after he shall 
have made his final settlement in the manner herein provided, pay and 
turn over to his successor in office such balance as may be shown 
to be due from him by said settlement. 

Sec. 149-a. The county superintendent of free schools in each 
county shall be ex-officio financial secretary, and as such officer he 
shall have the power and authority and perform the duties herein 
set forth. 

Sec. 149-b. The county financial secretary shall keep the finan- 
cial records for all the schools within the county, said records to be 
kept in the form prescribed by the chief inspector under chapter thir- 
ty-three, acts of one thousand nine hundred and eight. He shall coun- 



tersign all legal orders issued by the several boards of education with- 
in his county before said orders are payable by the sheriff or school 
treasurer, and shall make annual settlement with the sheriff or school 
treasurer for the several school funds, as provided by law, he shall at 
the end of each month deliver to each board of education a summa- 
rized statement showing the financial condition of their several school 
funds, said statement to be in the form prescribed by the chief in- 
spector under chapter thirty-three, acts of one thousand nine hun- 
dred and eight. 

Sec. 149-c. The county court of every county shall provide at 
the county seat a suitable office, to be located in the courthouse if 
there be sufficient room, for the county financial secretary, and shall 
keep the same supplied with the necessary furniture, fuel, light, rec- 
ord books, stationery, postage and such other things as shall be nec- 
essary. The county financial secretary shall receive for his services- 
required by this act an annual compensation of seventy-five dollars, 
except that in counties having more than one hundred teachers em- 
ployed for at least six months during the year the annual compensa- 
tion shall be at the rate of seventy-five cents for each teacher so em- 
ployed, said compensation to be based on the number of teachers em- 
ployed during the preceding year and to be paid quarterly on orders 
?ssued by the county court drawn on the general county fund. 

Sec. 149-d. After July first, one thousand nine hundred and thir- 
teen no sheriff or school treasurer shall pay any order which was 
drawn on a school fund prior to July first, one thousand nine hun- 
dred and thirteen until after said order has been countersigned by 
the county financial secretary. At the end of each month the sher- 
iff or school treasurer shall make a report to the county financial 
secretary showing the date, number and amount of each school bond 
and interest coupon paid during the month. 

This act shall be in effect on and after July first, ,one thousand 
nine hundred and thirteen. 

All general and special acts and parts of acts inconsistent with this 
act are hereby repealed. 

DURATION OF TEACHERS' CERTIFICATES. 

Be it enacted by the Legislature of West Virginia: 

That section eighty-seven of chapter forty-five of the Code be 
amended and re-enacted so as to read as follows : 

Sec. 87. First grade certificates shall be valid for a period of 
five vears and shall be renewable as follows : 



\ « 

At the end of the first five years they shall be renewable on con- 
dition that the holder has taught successfully or has been engaged in 
public school work at least three years during the life of the certifi- 
cate, and on the further condition that he make a passing grade on 
elementary agriculture provided he has not already passed on that 
subject. 

At the end of the second or third five-year period they shall be re- 
newable on condition that the holder has taught or has been actively 
engaged in public school work three years during the five years pre- 
vious and on condition that the applicant pass a satisfactory examina- 
tion on two of the books of the State Beading Circle Course to be des- 
ignated by the State Superintendent of Free Schools or has done 
satisfactory work for a period of nine weeks in a recognized state nor- 
mal school or in some other school of equal rank and standing or has 
done other work of equal value. (The State Superintendent of Free 
Schools shall determine what schools shall be recognized and the 
nature of the work which shall be accepted in carrying out the pro- 
visions of this section.) 

At the termination of the third renewal period the holder of such 
certificate shall be eligible to receive a first grade certificate good for 
life if he has taught at least three years of the last five and has main- 
tained an active interest in educational work. 

Second grade certificates shall be valid for a period of three years 
and third grade certificates for a period of one year, and such third 
grade certificates shall not be issued to the same applicant more than 
two years in succession : provided, that not more than one certificate 
of the same grade shall be issued to an applicant in a school year, but 
applicants taking more than one examination in the same year shall 
receive a statement showing what percentage they made in the differ- 
ent branches at each examination. The state superintendent and each 
county superintendent shall keep a register of all certificates granted, 
stating the character and grade of each and the date of issue thereof) 
and the state superintendent and each county superintendent, upon 
vacating his office, shall turn over said register to his successor. 

JOINT DISTRICT HIGH SCHOOL. 

Be it enacted by the Legislature of West Virginia: 

Section 30y 2 . If the boards of education of two or more contig- 
uous districts whether in the same or another county, believe it ex- 
pedient and wise to establish and maintain jointly a high school in 
any one of said districts, the building, if one is to be erected, and 



the site therefor, to be owned jointly in proportion to the amounts con- 
tributed by the districts so uniting, the respective boards shall sub- 
mit the question to the voters of the respective districts, at a general 
or special election, in the way and manner and after the notice re- 
quired by section thirty of said chapter. 

The boards of education proposing to unite shall meet and deter- 
mine the location of the proposed school, the estimated amount to 
be contributed toward the establishment and yearly maintenance of 
f=aid school by each district, the total cost thereof io be apportioned 
among the districts uniting on the basis of their respective valuation? 
of taxable property, which agreement shall be reduced to writing 
and entered of record in the minute book of the respective boards 
the substance of which shall be made a part of the statement to the 
voters hereinbefore provided for. 

The control and management of said joint high school, after the 
Fame is established is hereby vested in the boards of education of the 
several districts so uniting to be exercised in joint session, the coun- 
ty superintendent of schools to be ex-officio a member and chairman 
of said joint session, and as such entitled to vote and participate in 
the control and management of said high school, and there is hereby 
conferred upon each board of education all the authority for the es- 
tablishment and maintenance of said joint high school by contract, 
levy, issue of bonds, or otherwise, that is conferred upon a board 
of education for the establishment and maintenance of a high school 
within its district; the election to be held and the result ascertained 
as provided in said section thirty of chapter forty-five of the Code; 
and all of the provisions of said section, so far as the same is appli- 
cable, are made applicable to the establishment and maintenance of 
such joint high school, except that a majority of the voters of each 
district shall be sufficient to authorize the establishment of such high 
school. In the event that one or more of the districts uniting to es- 
tablish such high school shall be in different counties, the county su- 
perintendent of each county shall be ex-officio a member of such 
joint session, the chairman to be selected by such joint session and in 
the event of a tie vote on any question the State Superintendent of 
Schools to have the deciding vote. 

Said boards of education, in joint session as herein provided, may 
provide for the teaching of elementary pupils in such high school 
building, if the same have sufficient capacity, upon such terms for 
the use of the building as they may agree upon. 



10 

ESTABLISHING AN AGRICULTURAL EXTENSION DEPARTMENT 
OF THE WEST VIRGINIA UNIVERSITY. 

Be it enacted by the Legislature of West Virginia: 

That section one hundred and seventy-two of chapter twent} -seven 
of the acts of the extra session of the Legislature of one thousand 
nine hundred and eight be and the same is hereby amended and re- 
enacted so as to read as follows : 

The regents shall establish and maintain in the university, in ad- 
dition to the preparatory department, such colleges, schools, depart- 
ments, divisions, chairs, and courses of study as may be expedient 
and possible, and shall prescribe the conditions for graduation there- 
in and confer the proper degrees, and the diploma issued upon grad- 
uation to any student who has taken at least six courses in the de- 
partment of education in said institution shall be equivalent in all 
respects to and shall entitle the holder thereof upon application in 
due form to the state superintendent to a first grade certificate in 
duplicate. 

That, in order to promote the improvement and advancement of 
agriculture, domestic science and rural life among the people of the 
several counties of the State of West Virginia, there be and is hereby 
created and established in the college of agriculture, at West Vir- 
ginia University, an agricultural extension department to be co-ordi- 
nate with the department of instruction and the agricultural experi- 
ment station. 

The work of the agricultural extension department of the college of 
agriculture shall be conducted under such rules, regulations and 
methods as may be prescribed by the state board of regents and every 
expenditure under this act shall be approved by the state board of 
control, and said work shall consist of holding extension schools in the 
various counties of the state, at which instruction shall be given iu 
soil fertility, horticulture, stock-raising, crop production, dairying, 
domestic science and kindred subjects; of conducting farmers' in- 
stitutes; of giving demonstrations in orcharding, soil improvement, 
and crop production; of furnishing speakers and exhibits for special 
agricultural trains; of giving instruction and demonstrations at ag- 
ricultural fairs, farmers' institutes, clubs, granges, or other organi- 
zations that may be useful in extending agricultural knowledge; of 
conducting, in co-operation with the United States Department of 
Agriculture, boys' and girls' agricultural clubs; of recommending 
county agricultural agents and supervising and assisting them in 



11 

advancing the agricultural interests of their respective counties; of 
giving instruction by mail in agriculture, domestic science, and kin- 
dred subjects; of publishing bulletins, circulars, and newspaper ar- 
ticles ; and of such other methods as may carry the benefits of the work 
of the college of agriculture, the agricultural experiment station 
and the United States Department of Agriculture to the people of 
the several counties of the State ; and all such itinerant educational 
work in agriculture and home economics carried on under appropri- 
ations by or to this State shall be under the control and supervision 
of said agricultural extension department. 

All other acts or parts of acts in conflict with the provisions of this 
act are hereby repealed. 

(To take effect from its passage.) 

ABOLISHING THE COMMON DRINKING CUP. 

Be it enacted by the Legislature of West Virginia: 

Sec. 1. That the use of the common drinking cup, an undoubted 
source of communication of infectious diseases, is hereby prohibited in 
all public places, upon all railroad trains and boats, carrying pas- 
sengers, in all public buildings of every description, and at public 
drinking springs and fountains within this state. The State Board 
of Health shall have full authority to establish rules and regulations 
to make this prohibition effective, as in their judgment may seem 
wise and proper. 

Sec. 2. All persons, firms or corporations failing to observe the 
provisions of this act, or the rules and regulations of the State Board 
of Health made in relation thereto, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than ten 
nor more than fifty dollars for each offense. 

Sec. 3. All acts and parts of acts inconsistent herewith are here- 
by repealed. 

PROHIBITING THE USE OF CIGARETTES IN SCHOOL HOUSES AND 
ON SCHOOL GROUNDS. 

Be it enacted by the Legislature of West Virginia: 

Sec. 1. That it shall be unlawful for any person, firm or cor- 
poration to manufacture, or to sell, offer or expose for sale, or give 
away, or furnish or cause to be given away or furnished, to any per- 
son under the age of twenty-one years, any cigarette, or cigarette 
paper, or any other paper prepared to be filled with smoking tobacco 



12 

for cigarette use; and it shall be unlawful for any person, firm or cor- 
poration to sell, offer, give away or furnish, or cause to be given away, 
or furnish to any person under the age of sixteen years any cigar, pipe 
or tobacco in any form. 

Sec. 2. That it shall be unlawful for any person under the age of 
twenty-one years to smoke, or to have about his person, or premises, 
any cigarette or cigarette paper, or any other form prepared to be filled 
with smoking tobacco for cigarette use. Any person violating the pro- 
visions of this section shall be punished by a fine of not exceeding five 
dollars, provided, that the court or justice trying the case may remit 
the penalty for violation of this section, upon the disclosure by the 
person charged with the offense of the name of the person, firm or cor- 
poration from whom he obtained any such cigarette or cigarette paper. 

Sec. 3. That it shall be the duty of every constable, policeman, 
town sergeant, sheriff or his deputy when he finds any person under 
the age of twenty-one years smoking a cigarette, or with a cigarette or 
cigarette paper in his possession to immediately inquire of such per- 
son where and of whom he obtained such cigarette or cigarette paper, 
and upon failure of any person to give such information when re- 
quested by such officer, the officer shall arrest such person and take 
him before a justice or other officer having jurisdiction, to be dealt 
with as provided in section two of this act. Upon information of 
such person to said officer of the violation of any of the provisions of 
sections one and two of this chapter, he shall immediately report such 
information to the prosecuting attorney of the county, who shall have 
the person giving such information, along with any other witnesses 
having any knowledge of the transaction summoned before the grand 
jury at its next session for investigation. 

Any officer failing to perform the duties required of him by this 
section shall be fined not exceeding five dollars for each offense. Jus- 
tices of the peace and police judges are hereby given concurrent jur- 
isdiction with the circuit and criminal courts of this state of offenses 
under this chapter. 

Sec. 4. Every person who shall smoke or use a cigarette or cigar- 
ettes in any school building or any buildings or such parts thereof 
as may be used for school purposes, or on any lands used for school 
purposes, shall be guilty of a misdemeanor and upon conviction shall 
be punished for each offense by a fine of not less than one nor more 
than five dollars. 

Sec. 5. It shall be unlawful for any person, firm or corporation to 
sell, or give away, or in any other manner to supply or furnish any 






13 

person in this state opium in any form; but the provisions of this 
section shall not apply to any sale of opium by a registered pharma- 
cist upon the written prescription of a practicing physician in good 
standing in his profession, nor to any reputable physician dispensing 
opium in the regular course of his practice. 

Sec. 6. Any person, firm or corporation violating any of the pro- 
visions of this act, where punishment is not otherwise provided, shall 
be liable to a fine of not less than ten dollars nor more than twenty- 
five dollars for the first offense, and for each subsequent offense shall 
be liable for a fine of not less than twenty-five dollars nor more than 
three hundred dollars, and on failure to pay the fine and costs of pros- 
ecution, shall be required to work the same out on the public roads. 

Sec. 7. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

RELATING TO THE RELOCATION OF THE FAIRMONT STATE 
NORMAL SCHOOL. 

H. B. No. 401. AN" ACT an authorize and direct the State Board 
of Control to sell and dispose of the Fairmont State Normal School 
property, situate in the city of Fairmont, to relocate said school and 
appropriating therefor such sum of money as is realized from the sale 
of said school property. 

WHEREAS, by the growth and development of the city of Fair- 
mont the state normal school located at that place is situate in the 
heart of the city, where real estate is valuable and the price of board- 
ing very high, and at times impossible for students to obtain, and 

WHEREAS, the said school having greatly outgrown the capacity 
of the present building, and the grounds on which it is located being 
too small to render further building thereon practicable, the citizens 
of Fairmont have become greatly interested in relocating said school, 
and have secured and submitted to the State Board of Control an offer 
of seventy-five thousand dollars for the grounds and buildings of the 
said school, therefore. 
Be it enacted by the Legislature of West Virginia: 

First : That the State Board of Control be and is hereby author- 
ized and empowered to sell the grounds and buildings of the Fairmont 
State Normal School, situate in the city of Fairmont in Marion Coun- 
ty, at a price of not less than seventy-five thousand dollars, if in the 
opinion of said board, the said school can be advantageously relocated 
on another site at or near Fairmont. 



14 

Second: In the event of the sale, above authorized, the proceeds 
thereof shall be paid into the State Treasury, and the State Board 
of Control shall buy and cause to be conveyed to the State of West 
Virginia a tract of land at or near the City of Fairmont of sufficient 
size to meet the immediate and future needs of the school, and espe- 
cially affording land suitable for the teaching of agriculture. 

Third: There is hereby appropriated for the purpose of relocat- 
ing and rebuilding the Fairmont State Normal School, in event of the 
sale authorized by this act, the sum of thirty-seven thousand five 
hundred dollars, payable out of the revenues of the year one thou- 
sand nine hundred and thirteen, and thirty-seven thousand five hun- 
dred dollars, .payable out of the revenues of the year one thousand 
nine hundred and fourteen, which sum shall be expended by the State 
Board of Control in the manner provided by chapter fifty-eight of the 
acts of one thousand nine hundred and nine, for the purpose of re- 
locating and rebuilding the Fairmont State Normal School, and for 
no other purpose. 

COMPLETE REVISION OF THE LAW RELATING TO THE REFORM 

SCHOOL— NOW CALLED "WEST VIRGINIA INDUSTRIAL 

SCHOOL FOR BOYS." 

Be it enacted by the Legislature of West Virginia: 

That sections 236, 237, 238, 239, 240, 2*41, 242, 243, 244, 245, 
246, 247, 248, 249, 250, 251 and 252 of chapter twenty-seven of the 
acts of one thousand nine hundred and eight, extra session, set forth 
in serial sections from 1799 to 1806 a-9, both inclusive, of the one 
thousand nine hundred and nine supplement to the code, relating to 
the West Virginia Eeform School, be and the same are hereby revised, 
amended, re-enacted and said sections re-numbered so as to read as fol- 
lows: 

Sec. 1. "The West Virginia Eeform School," established by chap- 
ter three of the acts of one thousand eight hundred and eighty-nine, 
shall hereafter be known and designated as the '"West Virginia Indus- 
trial School for Boys," and shall be conducted in the buildings here- 
tofore and hereafter erected for that purpose at Pruntytown, in Taylor 
County. This school shall be exclusively charged with the care and 
training of male youth of the state, but white and colored shall be 
kept separate. It shall be managed, controlled and governed by the 
state board of control, as provided in chapter fifty-eight of the acts 
of one thousand nine hundred and nine. 

Sec. 2. Any male youth under the age of eighteen, and not under 



15 

the age of ten years, may be committed to and received into the West 
Virginia industrial school for boys for the reason and in the manner 
following: 

First. By a justice of the peace of the county in which he resides, 
on complaint under oath and due proof made to him by the parent, 
guardian or other person having the custody and control of such 
youth, that by reason of incorrigible or vicious conduct such youth 
has rendered his control beyond the power of the parent, or guardian 
or such other person, and made it manifestly requisite that, from re- 
gard for the morals and future welfare of such youth and the peace and 
order of society, he shall be placed in said school. 

Second. By the same authority, upon complaint under oath, and 
due proof before the justice that such youth is a vagrant, incorrigible 
or vicious in disposition and conduct, and that his parents, guardian, 
or other person having custody of or authority to control him, are 
depraved or otherwise unfit, unwilling or unable to exercise care or 
discipline over such youth. 

Third. By the several courts of this state, as provided in the next 
section. 

Sec. 3. Whenever any male youth under the age of eighteen years, 
shall be convicted in any of the courts of this state of felony or a mis- 
demeanor, punishable by imprisonment, the judge of said court in his 
discretion, and with reference to the character of the industrial school 
as a place of correction and not of punishment, instead of sentencing 
said youth to be confined in the penitentiary or county jail, may order 
him to be removed to and confined in the said industrial school, to re- 
main until he shall have arrived at the age of twenty-one years, unless 
sooner discharged by the state board of control. Male youth under 
eighteen years of age, convicted in any of the courts of the United 
States for the districts of West Virginia, of any offense punishable by 
imprisonment, may also be received into said industrial school upon 
such regulations and such terms as to their maintenance and support 
as may be prescribed by the state board of control, and assented to 
by the proper authorities of the United States. 

Sec. 4. It shall be the duty of the justice of the peace when com- 
mitting a youth to the industrial school under the first and second 
clauses of section two of this chapter, in addition to the commitment, 
to annex to said commitment the names and residences of the different 
witnesses examined before him, and the substance of the testimony 
given by them respectively, on which the adjudication was found, to- 
gether with full answers to such interrogatories respecting the history 



16 

of the case and the mental and physical health of the youth, as shall 
be prescribed by the board of control, and furnished in printed form, 
on application, by the superintendent of the industrial school. 

Sec. 5. In all proceedings before justices of the peace for com- 
mitment of youth to the industrial school under the first and second 
clauses of section two of this chapter, the justice shall appoint some 
discreet and disinterested person guardian ad litem for such youth, 
whose duty it shall be to represent the interest of the youth and see 
that no injustice is done him ; and the guardian ad litem or the youth 
shall have the right to demand a jury of twelve men to try the truth 
of the charges made against the youth, and the jury shall be selected, 
and the trial shall be conducted in the same manner as is provided by 
law for the trial of criminal cases before justices by juries. And the 
guardian ad litem or the youth shall have the same right of appeal 
from any final decision rendered against the youth in any such pro- 
ceedings, whether upon a trial by jury or otherwise, as is allowed by 
law in other criminal cases tried before justices. 

Sec. 6. Justices, constables, and jurors shall receive the same fees 
in a proceeding for committing a youth to the industrial school as. 
are allowed by law for similar services in misdemeanor cases, and such 
fees shall be paid in like manner as fees of such officers and persons 
are paid in misdemeanor cases. 

Sec. 7. As soon as is practicable after a youth, on any account, is 
committed to the industrial school, the papers in the case shall be 
mailed to the superintendent, and such youth shall remain in the cus- 
tody of the court pronouncing such commitment, until he be deliver- 
ed to an officer of the industrial school, who shall be sent without de- 
lay, and duly authorized by the superintendent, to conduct such youth, 
by the most direct and convenient route, to the said school; but no 
youth committed to the industrial school shall be lodged in any jail 
or lockup, if he be under the age of twelve years. The superinten- 
dent shall, in so far as is consistent with the safe conveyance of youth 
to the school, cause as many youth from the same or several counties to 
be conducted to the school at the same time. The expense incurred 
in conducting a youth to the industrial school, including transporta- 
tion and other necessary traveling expenses of the youth and of his 
conductor, shall be paid by the county court out of the treasury of 
the county from which the youth was committed to the school, and a 
written statement of such necessary expenditures, fully itemized and 
sworn to by the officer making such expenditure, and attested by the 
superintendent of the school, when presented to any county court, 



17 

shall be a bill against such court, to be paid to the industrial school, 
and credited to that fund of the school from which the original expen- 
diture was made; but when two or more youth shall be so conducted 
from more than one county, the necessary expenditure on the per- 
sonal account of the conductor shall be apportioned among the coun- 
ties concerned in due proportion to the mileage traveled by the youth 
from the respective counties. 

Sec. 8. If any person shall entice or attempt to entice away from 
the industrial school any youth legally committed to the same; or 
shall aid or abet any youth to escape from the industrial school; or 
shall harbor, conceal, or aid or abet in harboring or concealing, any 
youth who shall have escaped therefrom; or shall, without the permis- 
sion of the superintendent, give or sell, or aid or abet any other person 
to give or sell, to any youth in the industrial school, whether on the 
premises of such institution or otherwise, any money, firearms, intox- 
icating drinks, tobacco, cigarettes, or other articles whatsoever; or 
shall in any way cause or influence, or attempt to cause or influence 
or aid or abet therein, any youth in the industrial school to violate 
any rule of the institution or to rebel against the government of said 
school in any particular; or shall receive by the hands of any such 
youth anything of value, whether belonging to the state or otherwise; 
such person shall be deemed guilty of a misdemeanor, and, upon con- 
viction therefor shall be fined not less than ten, nor more than one 
hundred dollars, or be confined not more than twelve months in the 
county jail, or both fined and imprisoned as aforesaid, as the court 
may deem proper. 

And the superintendent, or any of his assistants or any one author- 
ized in writing by him, or any sheriff, constable, policeman, or other 
peace officer, shall have power, and it is hereby made his duty to arrest 
any youth, when in his power to do so, who shall have escaped from 
said school, and return him thereto. 

Sec. 9. In any case where a youth is committed to the industrial 
school for an offense punishable by confinement in the penitentiary, 
and it is found by the state board of control that the industrial school 
is unable to benefit such youth, and that his presence is a detriment 
or menace to other youth in the institution, or to the general good 
of the school, he may be securely returned to the court which sent 
him, and said court shall thereupon pass such sentence upon him as 
to confinement in the penitentiary as may be proper in the premises, 
or as it should have done had it not sentenced him to the industrial 
school. And the governor shall have power, when in the judgment of 



18 

the warden of the penitentiary and the superintendent of the indus- 
trial school it is advisable, to remit the penalty of any offender under 
the age of eighteen years, confined in the penitentiary, to a commit- 
ment to the industrial school. 

Sec. 10. The county court of every county, shall pay into the state 
treasury the sum of fifty dollars a year on account of each youth from 
the county who shall be received in said school of the first, second or 
third classes mentioned in section two. But in all cases of youth re- 
ceived in said school of the first class mentioned in section two, the. 
parent, if of sufficient means, and the guardian where the youth has 
sufficient estate, shall annually reimburse the county the amount paid 
into the state treasury, by virtue of this section, on account of such 
youth mentioned in the first class of section two, and the county court 
of such county shall have a right to recover the same of such parent 
or guardian in any court of competent jurisdiction. 

Sec. 11. The superintendent of said school shall before the tenth 
day of January in each year, make out and certify to the auditor 
and the state board of control each a list by counties of all such youth 
as are mentioned in the preceding section, who are kept in the school 
during the preceding year or any part of it, showing as to each youth 
what part of the year he was so kept in the school, and to which class 
he belonged. On receiving such list the auditor shall charge to each 
county fifty dollars on account of each youth who was kept in such 
school during the preceding year, and a proportionate amount on ac- 
count of each youth kept in school for any part of such year less than 
the whole. 

Any money in the treasury of the state to the credit of any such 
county from whatever source arising, and not appropriated to pay any 
other debt of the county to the state, shall be applied, so far as nec- 
essary, to the payment of the sums so charged; if any sum in the 
treasury due the county shall not be sufficient to pay the whole amount 
so charged against it, such sum shall be applied as a credit on the 
amount charged, and the balance shall remain a charge against the 
county. 

Sec. 12. Within ten days after receiving such list the auditor shall 
certify to the county court of such county a list of the youth from the 
county in such school, stating the class to which each belongs, the 
length of the term during the year he was in such school, as shown by 
the list certified by the superintendent, and the amount due from the 
county on his account and the total amount due on account of all. 
He shall credit on such statement whatever amount has been applied 



19 

as a payment thereon from any funds of the county in the treasury. 

Such statement shall be a receipt to the county for any amount so 
credited, and shall be a bill for any amount still appearing to be due 
from the county. Unless the bili shall have been paid by the appli- 
cation of funds of the county in the state treasury, the county court 
shall at its next levy term provide for the payment of the same, or 
such part as may not have been paid, and cause the amount to be 
paid into the state treasury. 

If the amount so due from any county be not paid in a reasonable 
time after such levy term, the auditor may, in the name of the state, 
apply to the circuit court of the county for a mandamus to require the 
county court to provide for and to pay the same, or he may proceed in 
the name of the state by any other appropriate remedy to recover the 
same. 

Sec. 13. The state board of control shall have authority, under 
such rules and regulations, as they may prescribe, to grant, on rec- 
ommendation of the superintendent, a parole to any inmate of the 
industrial school ; but while said inmate is on such parole, and until 
he is discharged according to law, he shall remain in legal custody of 
the board of control, and subject at any time to be returned to the 
industrial school, if in the judgment of the board the interests of such 
paroled inmate will best be served thereby. The written order of said 
board, certified by the superintendent, shall be sufficient warrant for 
any offier named therein to arrest and return to the school said parol- 
ed inmate, and it is hereby made the duty of any peace officer, or other 
person, so named, to make such arrest and return such youth to the 
industrial school. All actual expenses incurred in returning to the 
school paroled inmates shall be paid out of funds appropriated for the 
maintenance of the industrial school. 

Sec. 14. That all acts and parts of acts inconsistent with this act 
are hereby repealed. 



THE REVISED 

SCHOOL LAW 

OF 

WEST VIRGINIA 

BEING 

CHAPTER 45 OF THE CODE 



1911 




IBN'll 






